Posts Tagged ‘Family law’
Tom Baldwin announced Retirement
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Tom Baldwin announces Retirement
Tom was born in 1958 in Killester. Son of a Company Senior Manager with a staunch trade union background and a mother whose father was a tailor and cutter again deeply involved in trade unionism. Tom grew up with a great respect for workers rights and the rights of the ‘little guy’. To this day he refuses, on principle, to act for any Bank or Insurance Company whose values he condemns as immoral.
Prior to qualifying in 1980, Tom was in charge of The Free Legal Advice Centre (FLAC) in Ballymun, which operated out of the basement of Padraic Pearce Tower. The majority of the work involved Family Law and this involvement was an eye opener to the dreadful social conditions and environment in which people lived. At that stage there was no Civil Legal Aid available in Ireland.To this day, Tom has ensured that no one has been deprived of legal services from his firm because of lack of finance.
Initially practicing from Killester Park, Tom moved his practice into Fairview in 1983 and continued to service the needs of those he had originally acted for on a free basis as well as developing a private practice to cater for the needs of other clients.
Tom has written for many national papers including The Star (as Legal Eagle) and The Sunday Independent. Now Tom is retiring to concentrate on writing, and will continue to call out the big corporations and their immoral behaviour -as well as exposing those in the pay
Tom is delighted to have served the locals in Marino and Fairview as well as many throughout the country.
You can keep up with Tom via his blog.
Your First Meeting with an experienced Divorce Lawyer
Carol McGuinness Solicitor
What you should expect from an initial consultation with a Family Law Solicitor.
Divorce is a very stressful and difficult time for separating couples so instructing the right solicitor is key to ensuring the process might be a little easier for you.
After making an appointment with a solicitor, it is best to come prepared with regards to the details of your marriage i.e. date of marriage and date of separation and what your family’s financial position is. Also be prepared to inform your solicitor about your children; ages, dates of birth, addresses, if still attending school, activities and suchlike. If the solicitor requests certain financial documentation be sure to bring these along.
An experienced family law solicitor will also require details of the financial aspects of your case. You will need to provide full details regarding your assets, income, expenses and liabilities. Financial questions will also be asked to determine the level of support that a spouse and the children may require. If you are able to provide this information, an experienced solicitor will be able to advise you regarding a financial settlement reached or the likely division of assets.
You may have many questions regarding your divorce. Write these down prior to your visit and don’t be afraid to ask for answers. An experienced family law solicitor will be able to answer these questions for you.
Many are not aware of how solicitors charge for their services. You should be given detailed information and a cost estimate at the initial appointment. Establish how a solicitor is charging you i.e whether it will be an hourly rate or a fixed fee. Most solicitors will request a retainer by way of a lump sum up front. Be sure to ask whether it is possible to receive a monthly invoice so you are fully aware of your costs and the work charged at all stages of the divorce.
In summary, after the initial consultation, you should feel confident in your solicitor’s ability and that she/he has a full understanding of your circumstances and your needs. In addition, you should have a full understanding of the divorce process, the financial side, any children issues that you may have and what fees you will be expected to pay.
Carol McGuinness is Head of the Family Law Unit at Early & Baldwin Law Firm
27/28 Marino Mart, Fairview, Dublin 3,
You Need Your Solicitor
At Early & Baldwin we divide our work into three separate Departments. Personal Injuries, Family Law and Probate & Conveyancing. Over the years it has actually evolved that way due to our involvement with our clients and their needs. When I qualified in 1980 there was in general, the local solicitor who undertook all types of work. I had been a Director of The Free Legal Advice Centres (FLAC) so had been heavily involved in Family Law. I was in charge of the Ballymun Centre located in the basement of Padraic Pearse Tower, since demolished as part of the Ballymun Regeneration Scheme. Our clients, primarily the women of Ballymun with children, needed us when their husbands abandoned them. There was no civil legal aid available to people and FLAC stood in to help. Disgraceful situation people were in but sure this is Ireland, and it seems we’re used to it ! While they were tough times, it really was the first time in my life that I came face to face with such abject poverty and deprivation. A learning curve I would never forget. After qualifying, I did a lot of Family Law Cases and indeed, continue to do so today. I’ve recently engaged the services of Carol McGuinness, one of the best family lawyers around, to head up our Department.
Well then… Why did we open a Department dealing with Personal Injury Law? In 1987 my law firm partner Kevin Early died. He was primarily involved in the Conveyancing and Probate work, while I looked after Litigation and indeed Family Law. With the introduction of lawyer advertising, which was not previously available, I saw an opportunity to change the direction of the firm from where we were, a general practice, to a more progressive model which could be developed to better meet the needs of our clients. I made it policy that we would not act for Banks, Insurance Companies or indeed large Corporations. I felt that as our clients were ordinary decent people that we owed it to them to act solely for them and not have any conflict of interest. Unlike some of Ireland’s ‘leading’ law firms which it appears, employ ‘Chinese Walls’ to enable them act for all sides ! But I digress.
We made some radio ads, employing Emmet Bergin to do the voice overs. He was the sexy Auctioneer in the RTE Sunday night soap Glenroe. The ads worked well and we established a Personal Injury Law Firm. This Firm took on the cases of the ‘little guy’. There was a great buzz in the Office. We all pulled together and engaged with our clients. We saw people at the lowest point in their lives having suffered in an accident. Many lost limbs or had disfiguring injuries. We came into contact with mental health issues and depression. All of life flashed before us and we felt job satisfaction like never before.
All this continued for a number of years until our Government, after lobbying from the Insurance Industry, brought in PIAB, the Injuries Board to take our work away and take it out of the hands of lawyers. It seems they only felt that Big Corporates should avail of lawyers, not the man/woman in the street. Even the Law Society were not happy with our Firm. Their Director General personally told me that they ‘didn’t act for me’. Tough times followed but eventually the Courts pointed out the error of their ways to the Government who couldn’t Ban Lawyers from Personal Injury Cases. The injuries Board continues but we can take our cases to the Courts once we deal with the formalities, should it be appropriate.
Well, as a result, we now have a Personal Injury Department. Excellent people I work with and great clients as before.
LegalEagleStar , Wednesday 26th. July 2017.
The Day a Judge told me to F Off !
As a long-time practitioner of Family Law, there are moments which stick in your mind, for one reason or another. Many years back, noting I’m qualified over 35 years, I was involved in a very sad Child Custody case.
My client, the husband, had separated from his wife when their only child, a beautiful daughter, was very young. She was now eight years old. He had moved abroad for work and his daughter lived with him since she was a baby. The wife unfortunately had suffered for many years from depression and on occasions, was institutionalised. They still kept in touch and from time to time, he travelled back so that his wife could spend some time with her daughter.
Unfortunately, on one such visit home, the family of his estranged spouse decided to pressurize the child’s mother into hiding the child and when he arrived to collect her at 6pm as agreed, neither the wife nor his daughter could be found. He was traumatized and the next day arrived at my office to instruct me in the case. We wasted no time in issuing proceedings and made an emergency application to the Court to have the matter dealt with. Our investigations had revealed the location of both the mother and child.
On the morning of the hearing, evidence was heard by the learned Judge who decided to that an early date for hearing was warranted and listed the case to come back before him in 5 weeks time. This was agreeable, although inconvenient for my client as he had to inform his employers, who thankfully, were accommodating. The matter of access was discussed and the Judge then decided that he was giving the father No Access, despite the fact that the child lived full-time with him ; that he had sole custody ; and the mother was not a fit person to look after the child, due to her recurring illness. It was her family that had in fact assumed custody of the child, not her. Needless to say we were infuriated with the Judges decision. Despite our endeavours there was no moving him. I then stood up and angrily stormed out of Court followed closely by my client. I was horrified when he asked me was it usual for a Judge to tell a solicitor to F Off ! Needless to say I was horrified as I had not heard the remark. I took a deep breath, composed myself and both myself and counsel headed straight up to the High Court and informed the presiding Judge of what had happened, bar the comment. He wisely ordered daily access for my client from midday until 6pm until the case was heard.
When the case finally came back before the aforementioned Judge, he shouted out ‘Who appealed my Order ?’ Then he took a look at me and said ‘You, huh, doesn’t surprise me.’ He then went on to hear the case in full and rightly returned the child into the custody of the father. When we exited the courtroom the wife let out a cry which brought tears to my eyes. Regardless of the fact that justice was served that day, Child Custody cases are traumatic, not only for the parties involved, but also for the lawyers.
LegalEagleStar Tuesday 3rd. November 2015.
I’ve an App for that …. Law without a Lawyer
A day doesn’t go by without us being bombarded by Apps. Sign up and get a free App for your iPhone. We have more Apps on our phones than we can use. Sure they may be handy at some stage in the future i.e. next week !
Over the past while, I’ve been horrified that many people, lawyers included, are saying ‘I’ve an App for that’… when discussing the law. Yes, I admit, some are educational but I am referring to those that are advocating that you can look after your own divorce, house sale or purchase and other such important matters which hugely impact on your life. Why go to College and study law; then spend time in a Law School to get your Practicing Certificate? Well according to these geniuses, no need at all. Sure save your money and use the App. They ask you why you are wasting money on these legal professionals when you can just use their App. Unfortunately, it would appear that many people are being taken in by this dangerous nonsense.
While I for one respect newly qualified lawyers, whether they be at the Bar or from the Law Society, they have their place in the overall legal framework. What most don’t have, is experience. That is only gained from many years of practice in their chosen fields. This experience is what comes into play when taking on a case for a client. The client deserves to go to law with experienced lawyers who have their interests solely at heart. Most spend many hours working up the case for their client and the full weight of their experience is called into play. Every client is unique. Their circumstances are not like any others. There may be similarities e.g. they have four children and have been married for twenty years. But that is where the similarity ends. To act as though two cases are the same would, in my opinion, equate to nothing short of professional negligence.
But I cannot afford thousands of pounds to employ a lawyer, or a team of lawyers as can be the case. Well, you cannot afford not to. How much did you spend on your wedding? That was a big event and a very important day for you. You spent what you could to celebrate in style. Yes, later you cut back on some items, but you didn’t do without what was important on the day. Well, your divorce costs should be thought of in similar terms. I am not suggesting you go to one of the Big Law Firms. They have access to the same Family Law Barristers as your local High Street Family Law Solicitor. Why people go to these firms is quite beyond me. In my experience,these firms are dealing with Corporate matters in the main and are not concerned with the day to day legal matters of the ordinary man and woman. They may take on your case if you’re doing your business with them or else if a relative of yours is. Your High Street Family Law Practitioner will give you a good personal service and instruct the appropriate barrister to get you through this difficult time.
I come across lay litigants a lot more today than I have in the past. While I respect the individual trying to do his own case, I do see the error of their ways. It is a nigh impossible task. To give credit where it is due, many Judges go out of their way to help such people. That alone will not help them get the justice which many deserve. So, when you download that magic App that will get you painlessly through your divorce or other pressing legal matter just remember… Law without a Lawyer is a fool’s paradise.
LegalEagleStar , Thursday , 7th. August , 2014 .
Why become a Lawyer…sure aren’t they only money grabbing Scum !
Perry Mason (TV series) (Photo credit: Wikipedia)
David E. Kelley (Photo credit: Wikipedia)
As a teenager, I was an enthusiastic fan of Perry Mason. I was blown away by his expertise. That man could save people accused and looking guilty. Of course they were innocent but it was only his expertise that exposed the truth. What a Guy. It would appear that Perry was an inspiration for a generation of lawyers. Later ‘idols’ included Ally McBeal, the lawyers at LA Law and more recently Denny Crane and Alan Shore, not to mention Shirley Schmidt, all at Boston Legal. What all of these idols represented was a pursuit of justice for their clients both rich and poor.
During my College years in the mid to late 1970’s, I encountered a very diverse set of fellow students. There was the middle-aged teacher who felt that ‘it was time for a change’. He was a very genuine guy and told all that would listen to him, that his days teaching had come to an end and that he needed a new challenge. There was the Canadian businessman who wanted to come back to Ireland and felt that he wanted to pursue a career in law. My friend Anna was about my age, late teens, and had always wanted to be a solicitor. She came from a wealthy background but was a good person who wanted to do some good. Phyllis was a law clerk and had developed an interest in law and felt it was the natural progression, career-wise, to go to College in order to step up the ladder so to speak. Ann, who had numerous degrees already felt it was time, yet again, to go back and this time get a law degree to add to the numerous degrees she already possessed. She took us all under her belt and gave us the guidance we really needed. There was another Anne who was the daughter of a wealthy banker. She was really mature compared to me. She had her career planned out. Daddy had arranged this. She had brains to burn unlike me who felt somewhat overawed in such company. I must say they were a great support and source of encouragement to be during those years. While I was wildly idealistic, I was getting a real education in life itself. We were a diverse group but the one thing that we all had in common was our enthusiasm for the law. Many a debate, some heated, we engaged in and it was where I encountered politics or should I say Political Parties and the hold and influence they had on people. I saw that it was not only what you know but who you knew that seemed to determine your future.
It was during my second year that I got involved with FLAC (Free Legal Advice Centres). I didn’t apply to join them but was so fascinated with a young enthusiastic female barrister,now a Senior Counsel, who literally threw me into the deep end, that I encountered a vast number of people who The System had ignored and needed our help. It was no time before I was in charge of FLAC in Ballymun and had to deal with numerous social based problems and in particular Family Law. What a fantastic group of people I was privileged to meet. They gave of their time and energy to give advice and indeed appear in Court representing people who could not afford to go into a Solicitor for advice. I must mention here that some firms gave of their time and expertise to help us and for that we were so very grateful. Without their help and letting us use their names to front our Court appearances, we would not have had access to the Court system to protect the rights of the most vulnerable and dismissed in our society.
Well, the results were out. We all passed our exams, Thank God. I think my late father’s prayers had more to do with my success than the many hours spent trying to come to grips with the niceties of the law. We all headed our separate ways and ended up in one job or another. Personally I had a workload what with my involvement in FLAC. This followed me into practice as you just couldn’t hand it over to someone in the hope that they would look after the client. These many clients had become personal to me. I set up practice from my father’s house and with the support of my family I commenced to practice. The rest is history. I was lucky in that I was busy from the start. Apart from the numerous Free cases I did, I got work locally and over the first few years I was able to make a living. Most of my Classmates joined established firms and most stayed the course and are still practicing today.
Was making money a motivation? It certainly was for some but I must say the interest in law was the major factor. For most of us making a living was the important factor as this gave us the energy and enthusiasm to pursue issues through the Courts that would make a difference to people’s lives. It was not glamorous standing outside the Family Law Courts attempting to settle cases. The deserted wife with four children attempting to live on £25 a week was not uncommon. The husband who deserted them claiming he wasn’t working, had no money, when the opposite was the case. Those were hard and tough times for these women and they relied on us to give them the chance to survive. While Ann and one or two others may have gone into banking, most of the rest of us dealt with the ordinary citizen and to be honest, I wouldn’t have it any other way.
LegalEagleStar , Wednesday , 23rd. January , 2013 .
Divorce in Ireland today in this Economic Downturn
Image by DrJohnBullas via Flickr
When a marriage breaks down or a long-term relationship ends, it’s a tough time for everyone involved. It’s not just the couple themselves who experience the hurt and/or anger of the separation but also any children that either, or both of them may have, their immediate families and also close friends. Of course, when a couple separates, it is not as simple as it once was. Today with the economic downturn the money is simply not available to effect a proper separation. People didn’t need to worry about joint bank accounts and mortgages in the past. When a relationship breaks down everything needs to be regulated. What were possibly at one time, simple everyday matters, have now to go through the long process of being sorted. Parties need to agree, or have a Court decide, custody and access of any dependent children; deciding where the children primarily live and what days and times the other parent may see their children; child and possible spousal maintenance; what will happen to the family home and any other possible houses or assets, pension entitlements, car/s etc. While an amicable breakup is desirable, it is not always possible and in many cases either one or both parties will look for the kitchen sink from the other. In previous years, which at this time, seem somewhat of a blur, parties separated and huge settlements and significant maintenance were awarded. Cases were fighting for dates to be heard in the High Court. Nowadays, the High Court lists are quite slim with the majority of cases being heard in the Circuit Court.
There are now huge difficulties for lawyers trying to negotiate settlements even where an agreement is reached between the parties. To use by way of example, the following scenario. Say there is a family home and an investment property, and the agreement reached is that one party remains in the family home with the children, while the other party is to live in the investment property. It is agreed that each will be the sole owner of the respective properties and be responsible for that property’s mortgage while allowing the other party off the mortgage. The Court rules the settlement, but then the Banks will not allow either party off either mortgage. This, even where the parties indemnify each other to the best of their abilities and with the best of intentions. Where one party later defaults, the Bank can still go after both parties and the settlement reached can effectively become worthless.
So, what do people need in a good family lawyer? Some individuals falsely believe, that by going to one of the Big Named Law Firms, they are getting the best Solicitors and Barristers in the business. In the current economic climate, I believe that some firms continue to charge inordinate fees, when people are struggling to maintain one household, let alone two, which is the effect post separation. I believe this is unjust. While some cases involve more working hours than others and fees vary in this regard, I do not believe people should be paying more for one solicitor than another largely due to the name that appears on the headed paper. Unlike Solicitors, Barristers are a completely independent body and again, while some cases involve more time and paperwork than others, Barrister’s fees will, in most part, be the exact same whether acting for a Big Firm or a Small Practice. Many successful Family Law Barristers, contrary to common belief, act for everyone from the Legal Aid Board, to the local one man solicitor who employs two people, right up to the big firms who employ several hundred. In the times that we live in, it’s also important to remember, that while you do not want to be ‘ripped off ‘ and would like value for money, equally you must be aware of these so-called ‘quickie divorces’ where you think you are getting a bargain and the fees are very low. Later down the line however, you may find yourself in difficulty where transactions haven’t been completed or haven’t in fact been done correctly. In deciding what Solicitor to engage, you must think about yourself and what your needs are. Some Solicitors and Barristers in the family law field have an aggressive approach, while others have a nurturing view. And then others, just effectively, say it as it is. Personally, I believe a down to earth, friendly, straight forward approach is ideal. I also believe that a party going through a separation has enough physical and mental strain going on in their lives, that an aggressive legal team can sometimes make matters worse and the hopes of a settlement between the parties becomes more difficult. While your legal team does not necessarily need to be your friend, you do need to be comfortable with them and be able to speak openly in order for them to best meet your needs.
What are you paying for? You may see your bill at the end of a case and wonder how this figure appeared? Initially, a Solicitor will take your instructions, explain the different options open to you and then write to the other party involved, informing them of your intention to separate and regulate matters between you. If you agree on a Separation Agreement, the Solicitor will draft this up and you will not need a barrister, nor will you attend Court. A Separation Agreement is in effect, a contract between the two parties and any breach thereof is a breach of contract. If the parties agree to a Judicial Separation or Divorce, in many cases a solicitor will brief a Junior Counsel (barrister) and, in some cases, a Senior Counsel also. The Barrister’s role is to draft the appropriate Court documents and deal with any Court appearances which, in some cases may just be one on the day of the hearing or, in other cases, where interim orders are required and/or where the other party is reluctant to participate in the case. In the latter scenario, Orders to compel them to do so, or have Orders made in their absence may be required.
Unfortunately, relationships will break down in good times and bad. Today we are in unprecedented times and the legal profession must respond to the needs of their clients in a way that reflects the true values in our society. Those values have unfortunately been decimated by the few in our profession who represent the vested interests of those who control our society. It’s time that the legal profession asserted itself in the interests of all who serve the interests of the citizen and lead the demands for true reform and oppose the obscene vested interest groups who seek the ruination of our society and the downgrading of the rights of our Citizens. Elsewhere in the world today, it is the legal profession who are at the forefront of reform in the interests of the citizen and who suffer in such a cause. In Ireland it should be no different. The politicians today are looking after the interests of the IMF/EU and the Banks, so there is a clear conflict of interests with the concerns of the Citizen.
Those who are unfortunate enough to suffer relationship breakdown in these troubled times deserve to be represented by us in the legal profession, having regard to the considerable strains that people are now enduring. Yes, the strain on relationships is now far greater in such troubled times. There are those that pull together in times like these but bad relationships will certainly not survive the additional stress they must endure today.
LegalEagleStar , Thursday , 30th. June , 2011
My Blog tomorrow deals with Divorce in Ireland today in this Economic Downturn
Image via Wikipedia
Today in Ireland, unlike in prior times, the unfortunate person faced with Family Law Breakdown is facing a dilemma. Irish Banks and Building Society’s are refusing to rearrange mortgages and in so doing are frustrating the terms of many a Divorce. Also, what lawyer should you instruct? Do you pay high fees to Big Name Firms? Are they worth it or are they ripping you off? What is the Barrister’s role in the process and how do I get the best to act for me?
In tomorrow’s Blog I will give my views on Divorce in Ireland today and shed some light on the whole legal drama.
Family Law: Mediation v. Court
Image by DrJohnBullas via Flickr
Some time ago on Twitter I became engaged with a Follower on the subject of the role of mediation in Family Law Cases. Interesting exchanges but it became clear that my views were opposite to my friends. I hold the view that a Court is the correct Forum while he felt that Mediation was the way to go. Then along came an English Solicitor who stated that over 90% of his cases had been disposed of through mediation and that he felt it was in his clients best interests as it was what the client wanted. I proffered the view that it was the role, in fact the duty of the Solicitor to advise his/her client of the way forward to resolving their case not let the client decide what they thought was best. It was my duty, under law, to advise the client on all options open to them, including Mediation, but ultimately, after taking full and detailed instructions, to advise the client what I though was best for them in their particular case. It was then up to the client to decide whether to follow my advice or go elsewhere and instruct someone who they felt was best suited for them. The argument made by my English colleague was that Mediation was the best option because it was cheaper. I felt that sometimes the cheaper option could be the most expensive one in the long run. Cost is indeed a factor but in my opinion not the deciding factor. Some people feel that a lawyer is not needed at all. That they can do a better job without a money leaching lawyer. This is not a view I take as Law Without a Lawyer is never, in my experience, a good idea.
Some Years back I attended a Family Law Seminar and one of the speakers was a lady who, if on the opposing side, necessitated on every occasion running the matter into Court. She was, to put it mildly, difficult. It was never easy to settle a case with her. She always took the view, without exception, that her opposite number was one to be fought with to the nth. degree and never, in my view, wished to enter into talks to settle even the most minor matter. So, you can imagine my interest in her lecture on Mediation. She painted the picture of a ‘Happy Divorce’. One where flowers were arranged in the room to create the right atmosphere. After the lecture finished I was still unconvinced and remain so to this day. Maybe it was because it was her giving the lecture. Maybe that’s unfair but I found her talk somewhat unconvincing and I thought insincere.
My views are summarised in the following which appears on my website… ”Remember your wedding? The preparation, the big day, and the cost? Well prepare yourself for the same trauma except this time it is not a happy occasion. Nevertheless with sensitive handling and the proper legal team behind you, you can be assured of a satisfactory outcome. Negotiation and mediation often facilitate resolution, however, we will pursue litigation to protect our clients best interests. Don’t be bullied or face this trauma alone. You owe it to yourself and your family to do it right.”
I know this is a contentious issue and one where people have formed their opinions based on their own experiences. Needless to say if you have had a bad experience with a lawyer of course this will colour your view and this is quite valid. Family Law should only be practised by lawyers who have expertise in that area. No matter how sympathetic you may be to your client it is not in their best interests for you to handle their family law case if you do not have the expertise so clearly needed. The lawyer must also have people skills as this is a traumatic experience for anyone to have to endure. In a perfect world I have no doubt that mediation is the ideal scenario but unfortunately we have to deal with a great amount of hurt and devastation. In such circumstances a great deal of time is needed to take the correct and detailed instructions from the client before you are in a position to outline what course of action you feel is necessary to achieve a satisfactory outcome for your client. Remember that you are dealing with someone’s life and indeed in most cases,the lives of children.
The family law practitioner has a heavy burden resting on them. Sometimes it can be a traumatic experience for them also. I recall a case many years ago when, with my opposite number, we disposed with most issues in the case, bar the custody of the children of the marriage. It is not what you think. Neither in fact wanted them ! They had no problem sorting out the house, in fact houses and cars, including the treasured BMW. I had to listen to quite a lot of nonsense that day but when they both argued that the children would be better off with the other, I became quite enlightened as to both of their lifestyles. Sometimes it amazes me what people’s priorities actually are !
LegalEagleStar Wednesday, 27th. April, 2011
LegalEagleStar 