Welcome to JACKSON WEST SOLICITORS
- Family Law
- Children Law
- Matrimonial Law
- Notary Public
We commit to the Resolution Code of Practice which states that we:
- Conduct matters in a constructive and non-confrontational way
- Avoid use of inflammatory language both written and spoken
- Retain professional objectivity and respect for everyone involved
- Take into account the long term consequences of actions and communications as well as the short term implications
Welcome pack - Encourage clients to put the best interests of the children first
- Emphasise to clients the importance of being open and honest in all dealings
- Make clients aware of the benefits of behaving in a civilised way
- Keep financial and children issues separate
- Ensure that consideration is given to balancing the benefits of any steps against the likely costs – financial or emotional
- Inform clients of the options e.g. counselling, family therapy, round table negotiations, mediation, collaborative law and court proceedings
- Solicitors and legal executives apply for Family Law Accreditation Scheme membership by completing a detailed questionnaire that assesses their knowledge and experience in family law and related matters.
Every five years, practitioners must renew their membership under the Solicitors Regulation Authority re-accreditation process.
Scheme members are expected to comply with the requirements of the Family Law Protocol.
The aims of the Family Law Protocol are to
1) encourage a constructive and conciliatory approach to the resolution of family disputes, 2)encourage the narrowing of the issues in dispute and the effective and timely resolution of disputes,
3)endeavour to minimise any risks to the parties and/or the children, and to alert the client to treat safety as a primary concern,
4)have regard to the interests of the children and long-term family relationships,
5)endeavour to ensure that costs are not unreasonably incurred.
There is a similar approach for accreditation to the SRA Children Law panel
The specific skill sets required of a Children Panel Accreditation Scheme member are such that they will be expected to demonstrate competence in the skills specified below, and have a good working knowledge of procedures in the appropriate courts
The Children Panel Accreditation Scheme skills standards
Practice and procedure
1)The role of the children’s guardian including appointment of children’s guardian to panel, panel manager’s functions etc
2)Appointment of children’s guardian to case
3)Role and duties of children’s guardian including disclosure by children’s guardian of relevant information to other parties in case and persons/ authorities and parties to case
4)Applications for public funding, prior authority, costs, assessment and assessment by the Legal Services Commission
5)Local authorities structures, social services structure and procedures prior to issue of proceedings after the initial architectural conference, reviews, registration on “child protection register” etc – as contained in the Department of Health “Working Together” and Local Area Child Protection Committee Guidance
6)Procedure for application to Criminal Injuries Compensation Authority
Local authority complaints and representation procedures for adults and children
Professional skills
1)Advocacy in children’s cases
2)Communicating and professional relationships with, amongst others
.Parties
.Family members
.Social workers
.CAFCASS (Children and Family Court Advisory Support Service)
.Police
.Other parties
.Voluntary agencies
3)Preparation of, for example
.Statements
.Chronology
.Index
.Position statements / statement of issues
.Skeleton arguments
.Submissions
.Care plans
.Statement of facts upon which threshold criteria based
.Instructions/brief to counsel
4)Investigation including use of
.Research
.Experts
.Relevant evidence
5)Instructions of experts
.Relevance
.Principles of selection
6)Seeking leave of the court for
.disclosure of documents
.Assessment of child
. By whom instructed
7)Letter of instruction
8)Experts’ meeting
9)Preparation of schedule of issues
Ethical issues
1)Disclosure of adverse evidence
2)Use of experts
3)Issues of confidentiality/ privilege/ legal privilege/ disclosure
4)Preparation and service of witness statements
Other issues
1)Various aspects of child development including understanding of key issues such as attachment, bonding, separation, loss, good enough parenting, the effect of delay on children of all different ages
2)Indicators of significant harm e.g. physical injury, neglect, failure to thrive, emotional, sexual abuse, ‘Munchausen by proxy’ syndrome
3)Effects of domestic violence and the effects on children’s mental health and child development
4)Racial and discrimination issues
5)Representation of children
The following is not an exhaustive list
1)Acting for children, including
.Communicating with children
.Assessing competence
.Understanding of issues surrounding need for separate legal representation of child
.Representation of more than one child
.Issues of confidentiality of information provided by child
.Information to be given to child about proceedings and attendance of child at court/appointments/hearings
2)Working with children’s guardian, including
.Understanding children’s guardian’s role
.Understanding of “Protocol for working relationship between children panel solicitors and CAFCASS”
.Avoidance of duplicating respective roles and enquiries
.Advising children’s guardian on law and procedure including disclosure of information to other professionals
.Dealing with professional conflict with children’s guardian
.Preparation by children’s guardian of report and solicitors’ input
.Representation of children’s guardian re complaints
Matrimonial Law
Collaborative Law:
Collaborative law is a relatively new process, which is designed to resolve family law disputes without going to court. Some of the key features are that:>
- each party is represented by their own lawyer
- negotiations are conducted face to face in four-way meetings between the parties and their lawyers
- the parties and the lawyers all undertake to negotiate amicably and in good faith, to resolve matters without resorting to contested court proceedings
- if either party does resort to litigation, both lawyers are disqualified from acting in the proceedings.
Resolution members– Code of Practice:
Membership of Resolution commits family lawyers to resolving disputes in a non-confrontational way. We believe that family law disputes should be dealt with in a constructive way designed to preserve people’s dignity and to encourage agreements.
Members of Resolution are required to:
- Conduct matters in a constructive and non-confrontational way
- Avoid use of inflammatory language both written and spoken
- Retain professional objectivity and respect for everyone involved
- Take into account the long term consequences of actions and communications as well as the short term implications
- Encourage clients to put the best interests of the children first
- Emphasize to clients the importance of being open and honest in all dealings
- Make clients aware of the benefits of behaving in a civilised way
- Keep financial and children issues separate
- Ensure that consideration is given to balancing the benefits of any steps against the likely costs – financial or emotional
- Inform clients of the options e.g. counselling, family therapy, round table negotiations, mediation, collaborative law and court proceedings
- Abide by the Resolution Guides to Good Practice
This Code should be read in conjunction with the Law Society’s Family Law Protocol. All solicitors are subject to the Solicitors Practice Rules.
The Civil Partnership Act 2004:
The Act came into force on 5 December 2005. The Act gave same sex couples the opportunity to register their relationships and thereby acquire rights and responsibilities almost entirely the same as those of married couples.
Notary public
Document legalisation, and apostille:
You may need a Notary Public if you are doing business with UK-based clients but operating from outside the UK, or if you are based in the UK and doing business with companies/clients outside the UK:
- To certify identity and witness a signature
- In connection with company and commercial transactions
- To prepare or witness a Power of Attorney
- To certify copies of educational or professional qualifications
- When buying or selling foreign property.
- To sponsor relatives from aboard, particularly relevant to India.
- In connection with travel documentation and work permits.
- When adopting children
- If emigrating from the UK or getting married outside the UK
Gillian West also offers a legalisation/apostille service at the Foreign and Commonwealth Office.