Bond Pearce Lawyers Solicitors Plymouth
Posted by Chris on July 30th, 2011Bond Pearce Lawyers Solicitors of Plymouth have a website that is full of statements like
” We were proud to be named finalists for The Lawyer ‘Law Firm of The Year’ award. Recognising our focus on providing the best service of any UK law firm and our successes.”
and
” We have come out on top in the Legal Week Intelligence Client Satisfaction Report, achieving the best overall firm score.”
and
” Our lawyers are happy to provide insight and opinion on the latest business issues and legal developments. If you would like to talk to one of our experts, or have any other questions, please get in touch.”
but like most lawyers their only real interest is in obtaining the maximum amount of fees and in the never ending promotion of young lawyers to ” partners “. i.e. the growth of ” The Firm “.
http://en.wikipedia.org/wiki/The_Firm_(1993_film)
The way that you get promoted as a young lawyer at Bond Pearce solicitors and other law firms is by earning fees for the firm ( and saying all the right things to the partners ). See
http://www.bondpearce.com/news/ournews/celebrating_success_senior_promotions_announced/
http://www.bondpearce.com/news/ournews/partner_promotions_2011/
Typically it’s a case of who you know as well as what you know.
If you had any doubt over the primary objective here’s the Managing Partner on promotion
” Bond Pearce managing partner Victor Tettmar added: “Will and Stephen both have a clear vision of what can be done to advance the firm and I have no doubt that they will continue to make a significant contribution to our future success.”
For ” advance the firm ” and ” make a significant contribution ” read ” get more fees ” and ” beat the competition ” and ” grow more baby lawyers into associates and partners “.
Bond Pearce ( like most other lawyers ) spend a lot of their time proving to their peers that they are ” a law firm to be recognised ”
” Our core offices are in Bristol, Plymouth, Southampton, London and Aberdeen but our work takes us all over the UK and indeed the world. If you have a general enquiry call +44 (0)845 415 0000 or e-mail us at info@bondpearce.com.”
They obviously have a Marketing person who wants you to believe that they are a global force 😉
Actually Legal 500
(Published for over twenty years, the Legal 500 Series provides the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries.
Used by commercial and private clients, corporate counsel, CEOs, FDs and professional advisers – as well as by other referrers of work both nationally and internationally – the series is widely regarded as offering the definitive judgement of law firm capabilities. )
describes them as mostly a 2nd and 3rd Tier firm
http://www.legal500.com/firms/393/offices/7971
So you would be better off looking for 1st and 2nd Tier firms really wouldn’t you ???
One of Bond Pearce’s latest money making schemes is the Conditional Fee Agreement ( No Win – No Fee ). Some bright spark ( probably earnt him or her a partnership !! ) will have gone around various firms saying ” We will work for FREE for you. We will get all our money from the person you are litigating against. It will cost you nothing ! ” .
So, what Bond Pearce do is add their fees to any claims awarded.
http://www.bondpearce.com/news/ournews/partner_promotions_2011/
Interestingly this is one of the subjects that came under The Jackson Review
” Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability of success fees and after-the-event insurance premiums under conditional fee agreements (for further details please see “Civil litigation costs review: key recommendations“). In July 2010 the government announced that it would consult on how to implement this proposal. The consultation will also gather opinion on the report’s other recommendations on funding arrangements, particularly the recommendation that lawyers be permitted to enter into contingency fee agreements.”
http://www.internationallawoffice.com/newsletters/detail.aspx?g=9c84e358-0204-49c5-a7f6-307b754f1b6a
More on this shortly !!!!
http://www.sra.org.uk/solicitors/solicitors.page
The enforcement on behalf of large corporations able to afford normal fee arrangements of the success fee element in Conditional Fee Agreements on Defendants in ‘easy to win’ cases has to be one of the biggest injustices perpetrated by lawyers.
It is typical of the legalised criminality employed by lawyers.
Think about this: A law firm agrees a CFA with it’s client that means that anyone that it’s client litigates against will ( if they lose ) end up paying NOT only the normal legal fees but ALSO an additional success fee. The client is protected and they and the lawyer typically takes out insurance so that if they do lose the case their costs are covered anyway. That’s what’s called a Win-Win situation !!
Bond Pearce’s use of the Conditional Fee Agreement is a complete distortion of it’s intended use. The CFA was intended to allow claimants who could not afford legal fees the opportunity to get legal redress i.e. it was intended for the ” small person ” to take on the ” big company or organisation “. Instead Bond Pearce are helping big, rich companies get even richer by using the CFA against the ” small person “. In addition to helping the big companies get bigger Bond Pearce typically double the fees that they would normally have received.
Litigation – United Kingdom
Conditional fee agreements after Jackson: consultation and next steps
Contributed by Reynolds Porter Chamberlain LLP
October 05 2010
Background
Success fees, after-the-event insurance and contingency fees
Report
Consultation
Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability of success fees and after-the-event insurance premiums under conditional fee agreements (for further details please see “Civil litigation costs review: key recommendations“). In July 2010 the government announced that it would consult on how to implement this proposal. The consultation will also gather opinion on the report’s other recommendations on funding arrangements, particularly the recommendation that lawyers be permitted to enter into contingency fee agreements.
Success fees, after-the-event insurance and contingency fees
In a conditional fee agreement a success fee is an amount paid to lawyers when a certain event arises – usually, the client winning the case. This amount is additional to the amount that would normally be payable if there were no conditional fee agreement, often referred to as the ‘base cost’ of the law firm.(1) A success fee is expressed as a percentage uplift on the base cost, the maximum uplift being 100%. Both the base cost and the success fee are recoverable from the other side if the client wins the proceedings. A success fee is calculated by taking into account (i) the risk element (ie, the risk of losing the litigation), and (ii) the postponement element (ie, the cost of not being paid the fee until the outcome of the litigation is known).
Often, a party relying on a success fee also enters into after-the-event insurance in order to cover the opponent’s legal costs should the case be lost.
A contingency fee arrangement provides that a client does not pay its own lawyer’s fees if the case is lost. However, where the client wins or settles favourably, the client’s lawyer receives the fee from the damages that the claimant recovers (in contrast to a success fee, where a client’s legal fees are recoverable directly from the opponent).
The report noted that the rationale for introducing conditional fee agreements was to make legal action more attractive to those unable to qualify for legal aid after the threshold for entitlement had been lowered. Under a conditional fee agreement the burden of funding litigation was shifted from the taxpayer (as in the case of legal aid) to the opposing party. However, it was noted that where the opposing party is a public body – for example, the National Health Service (NHS) – the cost of funding the litigation is still effectively met by the taxpayer, and that millions of pounds are spent each year defending claims against tax-funded entities.
The report also attacks conditional fee agreements on the grounds that they often result in the creation of ‘super-claimants’ who enjoy a package of a conditional fee agreement, after-the-event cover and third-party funding, and thus assume minimal risk. The burden of costs is transferred to the opponent and claimants with conditional fee agreements often have little interest in controlling the costs being incurred on their behalf. The report also states that conditional fee agreements allow claimant solicitors to cherry-pick cases which they see as being likely to win in order to maximise their fees.
The report’s main recommendation was that success fees and after-the-event premiums cease to be recoverable from unsuccessful opponents where the client wins the case. Conditional fee agreements would remain available, but success fees would be capped at 25% of damages and would be borne by the claimant. In practice, this would mean that a success fee would be paid out of any award of damages. However, in order to ensure that successful claimants are properly compensated, the report recommends increasing the level of general damages for personal injuries, nuisance and other civil wrongs by 10%. It was also recommended that the reward for a successful Part 36 offer made by the claimant be enhanced, as this would help claimants to meet the success fee in the limited cases that proceed to trial. A further proposal would allow contingency fees or damages-based agreements, which would enable lawyers to take a share of their client’s damages. Such arrangements are not permitted under UK law.
The consultation is likely to be thorough and wide ranging. Earlier in 2010 the Conditional Fee Agreement (Amendment) Order 2010, which proposed a cap for the maximum success fee in defamation cases at 10%, had a difficult passage through Parliament due to concerns that there had not been adequate consultation – the consultation period had been four weeks, rather than the usual 12. However, the fact that this order was expedited shows a willingness to implement legislative change in this area.
Reforms arising from the consultation with regard to the recoverability of success fees and after-the-event premiums are likely to require primary legislation. Perhaps a more decisive factor in implementation and legislative change will be the cost to local and central government. If the proposed changes fit the government’s cost-cutting agenda – and the cost of litigation to the NHS suggests that there are savings to be made – then new legislation may be more likely.
The short-term effect is likely to be increased awareness within the legal profession and the judiciary of the importance of controlling costs. The current consultation may be focused on recoverability, but the overarching theme of Jackson’s recommendations is to identify and tackle the causes of excessive costs. In this respect the consultation is relevant to all litigators, not just those instructed under conditional fee agreements.
For further information on this topic please contact Helen Fairhead at Reynolds Porter Chamberlain LLP by telephone (+44 20 3060 6000), fax (+44 20 3060 7000) or email (helen.fairhead@rpc.co.uk).
Endnotes
(1) The definition of a success fee can be found in Section 58(b) of the Courts and Legal Services Act 1990, as amended by Section 27 of the Access to Justice Act 1999
Other Plymouth lawyers you could use:
http://www.wolferstans.com/index.cfm
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