Becoming a Trainee Solicitor – Tips on Getting a Legal Job

Fortunately for anyone who wants to become a solicitor there are quite clear routes to getting a job. Providing you put in the time & effort you should be able to become a solicitor & get a law job.

In order to train to become a solicitor there are some unavoidable prerequisites. The simplest path is to gain is a law degree from an accredited university. Once you have completed your degree in law you are perfectly qualified to begin the process of becoming a lawyer.

However, often people are unsure of their career intentions when they choose their subject of study at university. This needn’t be a problem though, anyone with a degree should be able to carry out a one year conversion course. This builds on experience you have gained in your current degree but introduces you to all aspects of law & the knowledge you would need to train to become a solicitor.

If you don’t have a degree this doesn’t prevent you from becoming a solicitor. Provided you have some extensive legal experience, such as working for a law firm in a non-legal position you may be qualified by experience. The route to becoming a solicitor is slightly different to those taken by graduates but the Institute of Legal Executives provide a combination vocational & comprehensive academic courses to prepare you to become a solicitor.

No matter which route you take to get to this stage now everyone is required to take the Legal Practice Course (LPC) which takes one academic year, if you are working full time or two for those studying part-time. Places on the course themselves can be quite competitive at the most highly regarded institutions & universities but you wouldn’t be hugely disadvantaged by taking the course where ever is most convenient.

Once you have completed the LPC, aspiring solicitors are required to apply for two year trainee positions at a legal firm or an organisation like the Crown Prosecution Service. Competition for these positions is high, especially at the top law firms. It’s vital to polish your CV & brush up on your interview skills to make the best impression.

Though the training courses & exams are finished, during the traineeship you will still have to pass the Professional Skills Course (PSC) before you can become a solicitor proper. The course takes an equivalent 12 days & covers three compulsory courses plus a number of elective courses.

Once you’ve ticked off all these boxes on your to do list you will have your “Admission to the Roll” you can apply for a “practising certificate” which enables you to offer legal advice & represent your clients.

Getting a Divorce? 5 Tips to Avoid a Huge Legal Bill

Divorce is not easy at the best of times. But it can be especially difficult when enormous legal bills add to the usually stress and strain. Here are some tips we recommend that you consider to keep your legal bills manageable.

1. Is a lawyer really necessary? Often the answer is "yes". Where else can you go to find out what your legal rights and responsibilities are? But after you get the answers to your questions if may be possible for you to take care of the remainder of your divorce by yourself - possibly with just a little help.

The vast majority of divorce cases are uncontested - the spouses have agreed on the terms of divorce. The relationship is over and needs legal closure. You cannot expect the court office to prepare your paperwork for you but there are some affordable alternatives to law firms.

One is a do-it-yourself divorce kit. You can buy one of these for about $30 at most bookstores or office supply stores. They give you the basic information you need along with the blank forms you will need to fill out. It will still take some time to read through and figure out what they are telling you to do but it has the advantage of being the cheapest possible option.

An easier alternative is a little more costly, between $200 and $300, but still much cheaper than hiring a lawyer. The Internet has several divorce document preparation services which will send you all the forms you need, already completed and ready for you to sign. You just follow the instructions they provide to file the forms with the court office. Yes, this is more expensive than the kits but much easier and will still save you a great deal compared with hiring a law firm.

2. Try mediating instead of litigating. If you are among the 10% or so who have not been able to agree with your spouse on the terms of your divorce, before your lawyers start scrapping hire a mediator. A mediator is a specialist in assisted negotiation who will help you and your spouse come to an agreement on those touchy issues that you have not been able to resolve on your own. Mediation is successful in resolving the majority of disputes and can change your divorce from a courtroom contest into a far less expensive paper shuffle.

Mediation is going to cost you a few thousand dollars so you have to keep the alternative in mind. Sure, if you and your spouse can settle matters without a mediator then that is the way to go. But if the alternative is a court room battle you will both by out tens of thousands of dollars. If you can spend a couple of thousand and avoid this through mediation then the choice is obvious.

3. Free initial consultations are often offered by lawyers looking for your business. Before booking an appointment with a lawyer make sure the first 30 minutes or so will be free or else call someone else. It may be that after getting some preliminary information you will find that you won't need a lawyer to handle your divorce and you can try one of the cheaper alternatives.

4. Understand how a lawyer's bill is calculated. If the hourly rate is $200 then for every message you leave or brief conversation you have you will be billed at least $20. Each time you are tempted to call your lawyer and ask how things are progressing, take out a $20 bill and say goodbye to it - you might reconsider. A better idea is to arrange at the beginning to have copies of all letters written or received by your lawyer forwarded to you. You will still be billed for these copies but they will let you keep tabs on what is happening with your file without incurring any more fees than necessary.

5. Negotiate a flat fee with your lawyer. This may not be easy, or even possible, as most lawyers charge by the hour. But if you can do it the peace of mind of knowing what the legal bill is going to look like at the end of the day is worth making the attempt. It also allows both you and your lawyer to focus on the real issues and not on who to minimize/maximize the bill.

Tips for Reducing Legal Costs

Legal support in this country is absolutely necessary but unfortunately, we see some seriously flawed aspects that are putting a huge strain on just about every industry. For example, malpractice lawsuits are forcing doctors out, legal costs within our school systems reduce the money spent on books, the number of law enforcement officers on the streets is cut back, and even public parks and swimming pools are shutting down, all because of increasing legal costs. The solution is very complex since it requires the involvement of everyone to bring costs under control.

One of the main problems is that many of the costs for legal counsel do not make economic sense, specifically when we look at the current tort system. In other words, payments made out to “victims” through the courts typically relate directly to the individual and not the society as a whole. Today, congress is working hard to determine what changes, if any, would boost the economy.

Most people believe that a nationwide collaboration with specific procedures, guidelines, and strategies is the best defense against the rising cost of legal costs. In other words, we need to create an environment in which a concerted effort would provide cost savings in many, if not all, industries. The truth is that litigation costs and fees are on the rise. By making sure these expenses have, a realistic and reasonable connection to risks and objectives is one way of preserving our society.

With concentrated efforts and strategies, costs could be contained but still provide the reward in appropriate situations. To improve these collaborative efforts, each person needs to consider the ways which they view things. For instance, if an entire law firm has the same concept of value, then decisions in every case are consistent, following direct strategies. This way, decisions from within the law firm are made with the same objectives in mind.

When seeking an attorney, look for a firm that has a lead attorney, someone with outstanding education, experience, and leadership. This way, informed decisions are made, resulting in the elimination of unnecessary costs that are passed down to the business owner or individual. Then, candor is essential. If certain costs cannot be discussed in a professional manner, there are problems. A business owner or individual has the right and obligation to work with an attorney that is honest and direct. This type of communication is crucial to saving money while still being provided with top-notch legal counsel.

In addition, more and more people could do some of the work themselves. Considering that public records provide significant insight, many times, information could be obtained by the business owner or individual involved with a lawsuit rather than a legal team, thus cutting significant costs. For information that would need legal support, some things could be handled by a legal aid or paralegal, again reducing costs. The bottom line is that while we need lawyers and the valuable services offered, being creative in the way information is obtained directly to a lawsuit could mean significant savings to most industries.

Miami Real Estate - Some Helpful Tips About Lease Options

Buying a residential property is not a likely prospect for everyone. Perhaps it could be due to lack of funds or maybe because of the need to relocate frequently. Whatever the reason may be, you still have a myriad of rental options in the Miami real estate market.

When it comes to renting a house or an apartment, you should always be mindful of the possible consequences of each contract. More often than not, a lot of people find the Miami real estate lease/options to be cool and cost-effective. However, you shouldn't readily jump on the same bandwagon seeing as these arrangements usually involve certain drawbacks. To avoid being entangled in such pitfalls, make use of the following tax and legal tips.

Lease/options are actually terrific, except when the home seller chooses not to meet his end of the deal. Certainly, you may take legal action to oblige him to sell you the Miami real estate property. Then again, taking this route may cost you a fortune in legal payments and may take a long period of time to achieve. Thus, you need to make an effort to put yourself in a better spot if you wish for your investment to be safeguarded. Here are some of the things you can do to safeguard your option:

Log The Option

If your lease/option was signed in the presence of a notary public, you can log your option in the public real estate registry. This will serve as a public notice of your intent to purchase the Miami real estate property. If the lease/option wasn't notarized, you can still sign a sworn statement known as a "memorandum of option" before filing the option in the registry.

Escrow The Title Deed

In case your seller dies or disappears, you'll definitely have a problem. Because of these possibilities, you should have an escrow created in advance wherein an attorney or a company is tasked to hold a completed deed. When you're ready to purchase the Miami real estate property, you simply hand in the money to the escrow representative and receive the executed deed.

Keep Track Of The Mortgage

More often than not, a mortgage is noted down on a promissory letter so as to secure payments. Know that a mortgage can definitely be recorded in order to guarantee implementation of any arrangement (i.e. purchase option). As the prospective buyer (optionee), you will now function as the lien holder, which is in the similar position as that of a secured lender. In case the seller of the Miami real estate property changes his mind about selling, you have the option to foreclose. If this happens, the seller will be compelled to go to court in an effort to protect himself, instead of the other way around.

Difference Between Judicial and Non-Judicial Foreclosure

Judicial Foreclosure

Judicial foreclosures are processed through the court system. The lender files a complaint stating what debt is owed with an explanation of why they should be allowed to recover the property from the borrower in lieu of debt settlement. A notice of Lis Pendens usually accompanies this complaint. A Lis Pendens means a notice of pending action. The home or property owners are notified that there is intent to cure a default by mail and publication to have an opportunity to protect their interest in the court. If the court finds probable cause of default in debt settlement, it is then ordered that the amount owed is valid along with court costs. The property is then to be sold at public auction. When the property is sold, it is then presented in front of the court to protect the lender's interest.

Non-Judicial Foreclosure

Sometimes Non-Judicial foreclosures are referred to as power of sale foreclosure. This procedure does not involve the court. The mortgage company sends a notice of default or a right to cure default and files a recording in the county recorders office. Often local publications are used along with these proceedings. There are some states that do not require a notice of default and can proceed without any direct contact with the owner. Most states require a time period for these proceedings and after this lapse the public auction is held and the property is sold to the highest bidder. Homeowners are generally allowed to redeem the property in a process called Statutory Redemption. This time period varies from 30 days to one year, depending on each state law.

Facing a foreclosure is frightening and often times confusing since each state is different. You should not face this alone. Act now to contact your lender to see if you can work out a repayment option to settle the debt. If this isn't a satisfactory solution, get a foreclosure expert to help you with the foreclosure. There are too many laws and terminology that the common man might not understand. You really need to take a look at your finances to see where your problem lies and be upfront and honest with your lender.

Arizona Real Estate Law - Understanding Arizona's Anti-Deficiency Statutes

In Arizona, absent some agreement, rule or statute to the contrary, a lender can generally seek a deficiency judgment after foreclosing on a property securing a loan, if the property does not sell for enough money to satisfy the debt in full. Fortunately for most typical Arizona homeowners, the Arizona legislature has adopted anti-deficiency statutes that preclude such recourse in many typical fact scenarios. In addition, the parties to a real estate contract may expressly agree that the lender's only recourse is foreclosure on the property itself.

In the event of non-recourse loans, the non-recourse provision should be included in the mortgage or deed of trust. In most cases, the lender agreeing to a non-recourse loan will also want assurances in the loan documents that the borrower will not commit acts of waste.

In the absence of express agreement, Arizona law provides protection for borrowers against potential liability stemming from the sale of a property at less than market value in a foreclosure sale. The borrower, however, must act quickly to protect his or her rights. If the property sells for less than the amount owed to the lender, the borrower is entitled to ask a court to determine the property's fair market value. In the event the court agrees that the far market value is higher than the sales price the buyer gets credit for the higher amount. This not only protects the borrower from an unfairly low price, but encourages lenders to make a credit bid for an amount near fair market value.

There is an even more favorable statute protecting borrowers against deficiency judgments involving single or dual-family dwellings on 2 1/2 acres or less where the loan is "purchase money," meaning it was used to pay the purchase price of the property. Typically, loans used to refinance purchase money loans are also considered purchase money loans, although the use of some of the proceeds to pay other debts, obtain cash out, or for other uses may expose the borrower to recourse liability.

Significantly, even if the loan is not a purchase money loan, the lender's election to utilize non-judicial foreclosure on the deed of trust renders it non-recourse by operation of law. The lender may, however, instead seek judicial foreclosure, which is more expensive and time-consuming, but preserves the ability of the lender to obtain a deficiency judgment. This anti-deficiency statute also allows a lender to seek a deficiency judgment against the borrower in the event of waste.

Because interpretation of the Arizona anti-deficiency statutes and related real estate laws can be very complicated, borrowers and lenders are advised to seek the assistance of an experienced real estate attorney with any questions or concerns they may have.

Choosing an Arizona Real Estate Lawyer

Choosing an attorney is never a pleasant endeavor. This is especially true when your residential or commercial real estate, which may represent the most significant asset you or your business owns, is involved. When it comes to choosing an Arizona real estate lawyer, keep the following considerations in mind and you'll have a much better chance being pleased with your ultimate choice.

First, you should understand that the practice of law is something like practicing medicine. There are general practice attorneys (somewhat like your primary care physician) who may perform a wide variety of simple legal services. There are also attorneys who focus on narrow legal issues, such as real estate law.

When you have a serious problem involving a specific area of law, you will probably want to find an Arizona attorney who focuses on and has significant experience in that area of law. This is particularly true when you are facing a real estate-related dispute that is headed for, or already embroiled in, litigation.

If you already have an Arizona attorney who doesn't practice real estate law, they can be an excellent source of referrals. You may also want to contact the Maricopa County Bar Association, which runs an excellent referral service. Of course, an internet search may also help you to find the Arizona real estate lawyer you are looking for.

I recommend that you identify and meet with at least three attorneys before making your decision. Don't feel pressured to hire the first lawyer you speak with. You're facing a serious choice and you are certainly entitled to obtain a "second opinion." The lawyer you do choose should have experience handling the type of case you're facing, and should be willing to provide an honest evaluation of the claims and defenses you're facing.

After meeting with a few attorneys you should carefully consider things such as cost, experience, location and other quantifiable factors. You also, however, should make sure that you are comfortable on a personal level with the Arizona real estate attorney you select, because your ability to communicate with each other will be vital to your case.

Of course, no lawyer can guarantee success, because Courts and juries can be fickle things. The right Arizona real estate attorney, however, can ensure that your claims and defenses are articulated to the Court in manner that will maximize your chance of success.