PURPOSE OF JOB
To assist the partners in providing quality legal advice and other legal services to the firm’s clients.
To contribute to the overall profitability of the firm, with particular reference to providing efficient, cost effective work and contributing to practice development through marketing and selling strategies in accordance with the firm’s relevant policies.
We deal with disputes relating to wills, estates, trusts and Court of Protection issues.
We act for all parties – individuals; estate executors and administrators; trustees; trust corporations; charities; and a number of banks.
Will disputes can arise for various reasons; most commonly:
- The deceased did not make adequate financial provision for someone in his or her will
- An individual is claiming that the deceased should have made greater financial provision for them
- The deceased did not have sufficient mental capacity when they made the will
- Someone coerced the deceased into making the will
- The will was not executed properly
- The deceased made promises to the claimant, which have not been given effect to in the will
- There is a dispute between executors (i.e. the persons nominated by the deceased to distribute the assets in accordance with the will), or between a beneficiary and the executors
- There is a factual error in the will
- The will has been lost
- The terms of the will are not clear
- Disputes also frequently arise where the deceased has not made a will at all (they have died intestate).
We also commonly act in disputes between trustees and beneficiaries, and professional negligence actions involving ineffective and poorly drafted trust instruments and wills, and negligent tax and/or investment advice.
RESPONSIBILITIES / KEY RESULT AREAS
- To take initial instructions from clients and to advise after consultation with the supervising solicitor as appropriate on the legal action and all alternatives, as appropriate, open to the client.
- To keep the client informed as required by the firm’s and department’s set procedures.
- To run the files allocated in accordance with the firm’s and department’s set procedures.
- To attend conferences with Counsel/court and represent the firm and client as required.
- To meet all cost/fee targets where set.
- To meet on a regular basis with the person to whom the post holder reports to review cases and any other matters relevant to the post holder’s position. To report to the post holder’s supervisor immediately any difficulties being experienced, in particular, those which may lead to a negligence action being taken against the firm and/or a complaint from a client via the Office of Supervision of Solicitors and/or the firm’s complaints procedure.
- Complete the four modules of the apprenticeship; Introduction to law and practice, law and legal research skills, legal practice and client care skills and workplace skills in order to satisfactorily complete your CILEx Level 3 Certificate in Law and Practice.