The advent of ‘Tesco Law’

On the 6th October, ‘Tesco Law’ arrived.  You may have heard of this and the phrase itself is used by lawyers as a derogatory term for the fact that you no longer have to be a lawyer to run a law firm or offer legal advice and services.  Anything run under this new structure will be an ‘alternative business structure’ or ABS.  When the proposals were first mooted many years ago, it was widely expected that Tesco would want to become a big player as their next step towards world domination.  Tesco have since denied any such desire.  However, the Co-op, RAC and others have said that they will create or take over legal departments and offer legal services.

ABSs are supposedly being introduced to promote competition and innovation in a market where previously only identical organisations (law firms) have competed.  Law firms tend to sell themselves in similar ways.  Most would tell you that they offer a quality, personal service.  This can make it difficult to see how each law firm differs.  However, this is also a good reason why high street law firms should continue to thrive.  The tight regulation that has been in place for many years makes for better run firms.  No firm can advertise claiming, for example, that they are ‘the best firm in Newark’.  They could, but they would need to be able to prove it and that is almost impossible.  In actual fact, when I joined the profession in the early 90′s, advertising by lawyers was not allowed full stop.

I have seen quotes asking “Would you buy your groceries from a lawyer?  Then why buy your legal services from a grocer?”  These suggestions are a little disingenuous.  The ‘grocers’ in question would have to employ at least one lawyer to oversee the work that they do.  Initially it scared me that these ABSs would be able to undercut high street law firms by treating the services as a loss leader to drag more people into their brand and sell their more expensive items to the customers once they had been reeled in

After a little more deliberation, I realised that there is room for the ABSs.  There may currently be too many law firms in England and Wales – around 10,000.  At Tallents, we believe that we are ready for the new challenges and if any firms fall by the wayside as a result of the changes, we will not be one of them.  We are of a size that can offer a wide range of legal services.  We have procedures in place that ensure a quality offering.  I firmly believe that there will always be a place for the lawyer that you can meet, get to know and he or she can get to know you, your circumstances and your businesses and concerns.  If your lawyer knows you better and has a fuller, rounder picture of your affairs and concerns, that will always ensure better advice that takes everything into account.

Lawyers have faced these challenges before.  Around 15 years ago we saw the coming of ‘conveyancing factories’.  Many of you will have used their seemingly cheap services before.  Experience shows that people used them once and then not again.  There is a view that they are impersonal (you have a team rather than an individual looking after your matter and may not speak to the same person twice) and everything is dealt with from a distance, reducing the scope to ask questions and clarify things.  General experience shows that people use these cheaper ‘factories’ once and then not again.

This is a lesson that the new ABSs will have to learn if they don’t want to be derided and discarded by customers in the future.  Many law firms have already taken note.  Those that haven’t may well fall by the wayside.  Tallents have already obtained CQS (Conveyancing Quality Scheme) accreditation, showing that the Law Society have reviewed our procedures and confirmed that we carry out conveyancing to the highest of standards.  Also, after around a year of planning and preparation, we have implemented new case management software which has improved our efficiency and ability to react instantly to the needs of our clients.

We are always trying to improve what we do and we have some exciting developments in progress.  Watch this space!

Tallents continue to be committed to their surrounding community, as we have done for almost 240 years.  If the new ABSs can offer their communities the same levels of service and support, then we, as lawyers, should welcome them and not shun them as a result of blind fear.  Those who are well organised have nothing to fear.

Divorce and mediation – when to talk and when not to talk

From 6^th April 2011, all divorcing or separating couples with disputes over children or financial issues have been referred to mediation before being allowed to go to court. However, there are some exceptions where a case can proceed straight to court without mediation; the main exception is in cases of domestic violence.

 

“The Family Procedure Rules 2010 have been made by the government in the hope that this will reduce the number of contested issues being dealt with my the courts, as children and money disputes will hopefully be settled during mediation instead,” says Lisa Turner, family lawyer at Tallents in Southwell.

She continues,

“Mediation can be very helpful during the process, encouraging couples to resolve any disputes without resorting to expensive and lengthy court proceedings.

 

“However, there will be certain circumstances, for example where there has been a history of domestic violence in the relationship, which might mean couples will not be comfortable undergoing the mediation process.”

 

Lisa continues,

“In these situations, couples have several options: they can participate in ‘shuttle’ mediation, where the mediator will meet with each party separately, or they can ask the mediator to have their case declared inappropriate for mediation if they feel it would be unsafe for one of the party to take part in face-to-face mediation.”

 

 

The family law team at Tallents have significant experience in helping clients resolve child and financial matters arising from divorce or separation, as partner Andrew Stout is also a Collaborative Family Lawyer. In addition, all family law team members have been fully briefed on the recent changes.

Lisa finishes,

“At a very emotional time, we understand that clients want to reach an agreement that is fair for both sides and in their best interests. Anyone with any concerns is welcome to contact us to discuss their personal circumstances. We work closely with our clients to reach an acceptable agreement without protracted and expensive court proceedings.”

Lisa will be able to see clients at Tallents’ Southwell office by appointment, call 01636 813411 to discuss any issues you may have.

Family Procedure Rules 2010 – changes affecting divorce and separation

 

“Anyone considering divorce or separation should be aware of major changes to family court procedures that have been in effect since 6^th April 2011”, says Lisa Turner, family lawyer at Tallents in Newark and Southwell.

“The Family Procedure Rules 2010 have been made by the government in the hope that this will reduce the number of contested issues being dealt with my the courts, as children and money disputes will hopefully be settled during mediation instead.”

 

She continues,

“All divorcing or separating couples with disputes over children or financial issues will be referred to mediation before being allowed to go to court.

 

“Couples will have to attend an initial discussion, known as a Mediation Information and Assessment Meeting, to see if disputes can be settled more harmoniously than by entering into court proceedings. The new rules intend to save not only court time, but also reduce costs for clients.”

 

The family law team at Tallents have significant experience in helping clients resolve child and financial matters arising from divorce or separation, as partner Andrew Stout is also a Collaborative Family Lawyer. In addition, all family law team members have been fully briefed on the recent changes.

 

Lisa finishes,

Tallents' Southwell offices

“At a very emotional time, we understand that clients want to reach an agreement that is fair for both sides and in the best interests of any children involved in the process. We work closely with our clients to reach an acceptable agreement without protracted and expensive court proceedings.”

 

Lisa will be able to see clients at Tallents’ Southwell office by appointment, call 01636 813411 to discuss any issues you may have.