The UK will reform its family justice system, taking care to avoid “problems” identified with Australia’s equivalent laws which British consultants have recommended against.

On Monday the British Ministry of Justice announced plans for a “major overhaul” of family law, designed to “tackle delays, streamline processes and rebuild trust”.

Children who are the subject of a custody dispute in Britain currently wait an average of 60 weeks for a decision in a system labelled “rigid” by chairman of a Family Justice Review, David Norgrove.

The reform proposes the introduction of a single family court among a raft of changes to cutback on delays, cost, confusion and a lack of trust as parents try to negotiate custody settlements.

Before the production of the final 225-page Review, authors travelled Down Under to analyse Australia’s family law system, finding that the system they initially supported had actually led to delays in resolving such disputes.

Researchers note the “Australian government has recently felt compelled to amend” at least one area of its family law reforms.

“(An) interim Norgrove report had suggested this (Australian methodology) as a way forward. Subsequently they went to Australia and looked at the experience there and decided not to recommend it,” an official spokesman for British Prime Minister David Cameron told reporters in London.

“Clearly, there were problems in Australia … we need to learn from those and make sure we draft the legislation with care.”

Westminster has responded to the final review, noting the caution to avoid the issues encountered in Australia, and plans to go ahead with reform which will affect families in England and Wales.

Article source: http://news.smh.com.au/breaking-news-world/uk-warned-of-australian-family-law-model-20120207-1r28y.html

A free legal aid centre is to being set up in NUI Maynooth this month.

FLAC (Free Legal Advice Centre) is a new society with 60 members at the university, and will run free clinics giving people legal guidance.

Most of those giving help are third year law students at the college and they will be aided by a qualified solicitor.

Spokesperson Sinead Finnerty said the service will be available to all students and residents of Maynooth and the Kildare region who require free legal aid on various issues. “We will cover a range of topics such as employment rights, landlord and tenant issues and family law enquiries,” said Sinead.

“We are a committee that are committed to ensuring FLAC Maynooth provides Maynooth students and the wider community with all they help and guidance they may need.”

Clinics will commence on Tuesday, 7 February and continue on the following Tuesday evenings: 21 Febuary, 6 March, 27 March, 11 April and finally, 26 April.

The clinics, starting at 7.00 pm each Tuesday, will be located in the Iontas Building which is the newest building located beside the John Hume building on the North campus at NUI Maynooth.

Eight law students from second and third year law, as well as a resident solicitor or barrister, will be present to help students and members of the community.

Sinead said the services and all information provided is free. “We would like to stress that confidentiality is a key factor in our clinics and anything discussed or covered is absolutely confidential and people can have complete confidence in that regard.”

The new society is linked to the national FLAC organisation and a representative from the Citizens Advice Bureau in the town will be available to deal with social welfare matters.

Sinead said they expect landlord and tenant, employment and social welfare matters to be the key areas of concern.

“We are looking forward to using our knowledge and training in helping the community in any way we can,” said Sinead.

The NUI Maynooth FLAC committee is: Patrick Cagney- President, Liam Sunner- Vice President, Se Sweeney McCabe- Secretary, Sinead Finnerty – Public Relation Officer, Peter O Loughlin – Training Officer, Kevin J Clarke – Treasure and Matt McDermott- Webmaster.

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Article source: http://www.leinsterleader.ie/news/local/free_legal_aid_in_maynooth_1_3493251

Austin, TX (Law Firm Newswire) February 6, 2012 – Legally, there has been a question whether or not unborn children are considered minor children for the purposes of filing a medical malpractice lawsuit.

“Despite the fact that this case happened in Utah, it may have ramifications for other jurisdictions, and it says something interesting about the definition of life as well,” pointed out Brooks Schuelke, an Austin personal injury lawyer with Perlmutter Schuelke, L.L.P.

Recently, the Utah Supreme Court handed down a ruling that indicated parents may file a wrongful death lawsuit for the death of an unborn child under the auspices of a state statute that allows claims for the wrongful death of a minor child. (Carranza et al v. USA et al, Supreme Court of Utah, no. 20090409)

In this particular case, the mother gave birth to a stillborn baby in 2007. They chose to file a medical malpractice wrongful death lawsuit against the doctors that delivered the baby and the U.S. government, alleging medical malpractice and seeking damages for wrongful death. The government responded there was no way under Utah law that they were eligible for damages as the statute only referred to a minor child, and not an unborn child.

The question of law then became what the definition of a minor child encompasses. Thus, by 2009, the Utah federal court gave leave to the parents for certification of that question, sending it to the Utah Supreme Court. There were five justices sitting on this case, and although there was not a majority opinion, four justices responded that the term “minor child” did include an unborn child.

The core of the decision rested on the term “child” as being an all-encompassing term for a young person, baby or fetus. The term minor acted only to establish an upper limit at the age of majority, but that there was no lower limit. Additionally, it was seen to be consistent with the state’s judicial code to respect the right to life of all other persons, including all unborn persons.

“Forming part of the opinion was the observation that the statute in question covered claims for death and/or injury. Keep in mind the rule that prenatal injuries are actionable if a child survives medical negligence, and that the statute would then also cover acts that caused an unborn child to die in utero,” Schuelke indicated.

The interesting facet of this case is that there are only six states that extend liability for wrongful death claims to unborn children: West Virginia, South Dakota, Georgia, Illinois and Louisiana. Currently, there is a group, Personhood USA, pushing for ballots on this issue in Alaska, Ohio, California, Nevada, Florida and Montana. In other words, there may be more movement on this issue in other states as well.

“If you are faced with a situation like this, but do not know where you stand legally, make your first call for information to a competent Austin personal injury lawyer. Reviewing cases like this is our job, and we can give you an assessment of the situation in a down-to-earth, no nonsense manner. We are here to help when you are faced with daunting odds and the possible injury or death of a baby due to medical malpractice,” said Schuelke.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter Schuelke, LLP
1717 W. 6th Street, Suite 375
Austin, Texas 78703-4868
Call (512) 476-4944

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Article source: http://www.lawfirmnewswire.com/2012/02/utah-supreme-court-rules-unborn-child-is-a-minor-child-per-legislation-says-austin-personal-injury-lawyer/

By
James Chapman

Last updated at 12:09 AM on 6th February 2012

Grandparents should be able to maintain contact with their grandchildren after a family breakdown or divorce, ministers will say today as they unveil a huge shake-up in family law.

Parenting agreements between separating mothers and fathers will be amended to emphasise the important role grandparents play in children’s lives, Government sources said.

The Daily Mail revealed last week that the rights of fathers following a family breakdown are to be dramatically strengthened in the most radical changes since the 1989  Children Act.

Ministers argue grandparents should be able to continue to see their grandchildren following a family breakdown. Changes are being planned to the 1989 Children Act

The Act is to be rewritten to make courts protect the rights of millions of children from broken homes to have a ‘full and continuing relationship’ with both parents. 

Justice Secretary Kenneth Clarke will
confirm the Government is to reject the central recommendation of a
report on family justice, which concluded there should be no change in
the law.

Justice Secretary Kenneth Clarke reveals the government is rejecting a report’s recommendation

The move will be welcomed by fathers’ rights groups, who have argued for years that the family courts are biased in favour of mothers.

The Government’s response to the report, by former businessman and Whitehall mandarin David Norgrove, is also expected to set out proposals to recognise the role of grandparents.

Ministers have decided against creating a new legal right to access for grandparents following warnings it could dramatically complicate family disputes that end up in court – a decision likely to anger some campaigners.

But a Government source said guidance on parenting agreements between separating mothers and fathers would be amended to ensure that grandparents were included.

Ministers say many more custody and maintenance disputes should be settled using independent mediators, rather than in the adversarial family courts, and are to provide millions of pounds in extra funding for mediation.

A source said: ‘Children get a huge amount of love and support from grandparents. That’s why we will do what we can to ensure that grandparents can remain part of their grandchild’s life if their mum and dad separate.

‘Parent agreements are made between mother and father, usually with an independent mediation service. Government issues guidance on how they should be done and what we’re talking about is a change in that.

‘The Government is going to consider how parent agreements can be amended to help emphasise the need for other family members such as grandparents to be involved.’

Ministers say it is a scandal that there is ‘little or no’ recognition of the vital role grandparents play in society. Research suggests they are increasingly relied upon by parents for help with childcare and family finances, and by older children for advice and support.

Today, the Government will announce plans for a new ministerial working group to draw up details of the changes. Most significantly, ministers will rewrite the 1989 Children Act in a bid to remove any ‘legal bias’ in favour of either parent.

Fathers are not expected to get an automatic right of access written into law. But, except in cases where a child’s welfare can be shown to be at risk, courts will be placed under a duty to ensure children have an ‘equal right to a proper relationship with both parents’.

Ken Sanderson, of the group Families Need Fathers, described the decision as a ‘victory for children’.

But in an unusual move, Mr Norgrove said it was a matter of ‘regret’ that ministers were backing calls for children to be granted new rights to see both their parents in cases of separation.

He said there was a danger of repeating the experience of Australia, where the creation of a right to ‘shared parenting’ following separation led to long delays in sorting out custody disputes.

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Article source: http://www.dailymail.co.uk/news/article-2096967/Grandparents-key-role-family-splits-Shake-ensure-touch-youngsters.html?ito=feeds-newsxml

JIMMY ELLINGHAM

Palmerston North lawyers predict changes to legal aid funding next month could lower the quality of defence available to people in court.

From March, legal aid for some criminal cases will be paid on a “fixed-fee” basis, capping the hours a criminal defence lawyer can seek payment for.

This comes after changes in late 2010 stopped people accused of less serious crimes being able to request a preferred lawyer under the legal aid scheme. Assignments are instead handed out on a rotational basis.

Criteria for defendants claiming legal aid have also been tightened.

The changes came after a damning 2009 report by Dame Margaret Bazley, that included criticism of “car boot lawyers” without their own law library or office.

Palmerston North had some “serious quality issues” with lawyers, she said.

Some criminal defence lawyers spoken to by the Manawatu Standard would not go on record with their concerns about the changes, especially with the Justice Ministry reviewing their “approved” status to provide legal aid services.

But senior Palmerston North barrister Peter Coles voiced his concerns about the fixed fee introduction.

He said a person defending a summarily laid – or less serious – charge in the district court could have up to four appearances before a defended hearing.

From March, a lawyer will get $450 for representing such a client, which included preparation time.

“No defended hearing can realistically be expected to be finished in less than a couple of days, but more often than not they are more than half a day,” Mr Coles said.

“People who run offices and do preparation and put the time in are going to be asked to do it for an hourly rate that’s utterly unacceptable.”

Mr Coles said that far from getting rid of the “car boot” brigade, fixed fees could encourage more lawyers to simply turn up to court without putting in the preparation.

“I’ve had a significant number of people approach me … saying they have never met their lawyer other than at court.”

Summary cases could often involve watching hours of DVD interview footage. Mr Coles wondered how that could be scrutinised properly if a lawyer was getting paid for minimal preparation.

Lawyers in matters going to trial could also be hit with a 50 per cent reduction in preparation time, with a fixed fee of $2300 for out-of-court work.

Opie and Dron principal Tony Thackery said not allowing defendants to choose their lawyer meant every case effectively started afresh with no background knowledge to draw on.

He was also critical of the increased administration required to get paid for legal aid work.

“The only thing I can say in favour is I think we all know that the Government is broke.

“I have a little bit of sympathy. They’ve got to try and cut somewhere,” he said.

Justice Minister Judith Collins stood by the changes, saying growth in spending had to be controlled.

Asked how effective changes to the system had been so far, Ms Collins said the Justice Ministry was still evaluating them.

PUBLIC DEFENCE

In some areas Government-funded Public Defence Service offices have been set up to provide defence lawyers in criminal cases, alongside existing private practices. But Justice Ministry legal aid services director Michele McCreadie said there were no plans to open an office in Manawatu. “In our view the legal aid caseload at the Palmerston North District Court is not sufficient.” PDS officers covered all courts in Auckland, Wellington, Hamilton and Dunedin, with plans to expand to Tauranga, Hawke’s Bay and Christchurch this year.

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Article source: http://www.stuff.co.nz/manawatu-standard/news/6371808/Lawyers-worried-by-aid-changes

But Sarah Heckman, current managing attorney for the Sutter County Superior Court Family Law Center, said her experiences there would help her be a good judge.

“Certainly, they are very, very difficult cases,” said Heckman, 58, of Meridian. “Really, in terms of family law, it’s looking at the best interests of the children.”

As one of eight candidates for judge in Department 2 in Sutter County Superior Court, Heckman said, she felt she had to run because open judicial seats don’t come up often. In this case, H. Ted Hansen’s retirement announcement set off a flood of interest.

Heckman said she’s wanted to eventually be a judge since she was in law school, and being an attorney on family law cases for much of her career has given her insight into how a judge should treat those with a matter before the court.

“I would expect I would be quite calm and competent and patient, especially with those people who are representing themselves because I’ve been dealing with them,” she said, “and it just reminds us these are families and children.”

Longtime family friend Mike Chesini of Meridian said he runs short of adjectives to describe how well he thinks Heckman would do as a judge.

“She’d be wonderful,” he said. “She just has a great temperament and a nice disposition.”

But with the respect for the parties involved in mind, Heckman said, she’d also be able to apply the case’s circumstances to make rulings.

Heckman, who moved to the area 34 years ago, was the executive director for the inaugural California Prune Festival in 1987 and also community relations director of Fremont-Rideout Health Group.

After attending law school, she was a prosecutor on primarily child support cases for the Sutter County District Attorney’s Office, and also worked in private practice on personal injury cases, civil suits, wills and trusts and corporate matters.

She became the Family Law Center’s managing attorney in 2002, and began supervising the Family Law Pro Persona Status Calendar six years ago.

In the long run, her goal is to get back to family law, but as a judge — a specialty that California often runs short on, she said.

“I’m prepared to work very seriously, and take this position very seriously,” she said.

The position, for which the salary is set by the state, pays $163,274.58 a year.

CONTACT Ben van der Meer at bvandermeer@appealdemocrat.com or 749-4786. Find him on Facebook at /ADbvandermeer or on Twitter at @ADbvandermeer.

Article source: http://www.appeal-democrat.com/news/law-113556-family-hat.html

Personal Injury of Nevada, a Nevada law firm, launched a mobile version of its website to allow clients clear, concise access to its website from smart phones and other mobile devices.

“When it comes to relationships between clients and attorneys, it all comes down to immediate access and good communication,” said Farhan Naqvi, managing partner. “With our new mobile site in place, clients with smart phones can find us quickly in a format that is intended to be read from a mobile device.”

Personal Injury of Nevada launched its mobile optimized website to keep up with customer demand and expand its reach to new clients.

“About one half of all local searches are performed on mobile devices,”* said Adam Dukes, creative director of AMD Web Services and the site’s designer. “And as those with smart phones know, a bad experience on a mobile website will leave you much less likely to return to it or recommend it to someone else. We designed the site with three goals in mind: keep it simple, make it easy to call and make it easy to find directions.”

Dukes, who specializes in designing mobile optimized websites, said numbers don’t lie when it comes to smart phones and internet searches. “According to Google, 95 percent of smart phone users look up local information, and of those approximately 60 percent either call or visit the business,” he said.

Personal Injury of Nevada is a boutique law firm founded by Farhan Naqvi. Naqvi has worked in the field of personal injury law for his entire career, first as an insurance defense attorney and then as an advocate for victims of negligent acts. As a litigator in one of Nevada’s largest personal injury law firms, his efforts litigating, arbitrating and mediating cases resulted in compensation to clients totaling millions of dollars. For more information, visit www.personalinjuryofnevada.com from a mobile device, laptop or desktop computer.

*Source: Digital Buzz

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Personal Injury of Nevada
8670 West Cheyenne Avenue, Suite 120
Las Vegas, NV 89129
(702) 553-1000

Article source: http://www.pr.com/press-release/388516

HAVING spent the last decade arguing the case for the defence on the pitch, Dale Rasmussen is considering laying down the law off it.

The tough Warriors centre, who is out of contract in the summer, has revealed that he is preparing for life after rugby with a local firm of solicitors.

The 34-year-old law graduate is one month into a work experience deal that runs until the end of the season with Worcester-based company Thursfields.

And although he is pleading the fifth on his Sixways future, he says his days off away from the club as a legal eagle will help him deliver a verdict on his career prospects.

“I don’t know when I’ll finish. I feel well, I have been injury free again this year. We will just have to wait and see,” Rasmussen said.

“I am playing it a game at a time and the end of the season we will go from there. I am enjoying my rugby at the minute, enjoying where the club is at and that’s my focus.”

If he and Worcester do separate after eight years, the Samoan international’s law placement will come in handy.

“Who knows, I might decide at the end of this period it is not for me or doesn’t suit the way I want to go forward or live. But, on the flip-side, it could work out well and I could look to pursue something,

“I am trying to look at the bigger picture. We are all going to have to retire one way and when I do I have already done my studies. Iit’s that practical application now.

“Fortunately enough, I have this opportunity to be exposed to the work environment and test the water to see whether I enjoy it, or have the particular skills required by that industry.

“So far it is going well, I am enjoying it because it’s tapping into a different part of the brain. I find it quite stimulating because, at the best of times, I was never too good with my case law.”

Rasmussen has spent the past few weeks shadowing different departments, looking through cases and even attended family court. The idea is to witness as many areas of the law and to find a branch that appeals. It’s one thing to do it in classroom, another trying to apply it in the real world and all different complications that come with it.

“With family law, there is a lot of emotional attachment, then you have got probate stuff, which is very straight up and down and you are dealing with people who are no longer around, so from that perspective there’s not a lot to take home.

“I am still finding my feet and, hopefully, as we progress I will look to take on a little bit more responsibility.”

One bar Rasmussen will definitely hit is at Edgeley Park next Friday when Worcester resume their Premiership campaign against Sale.

That match will see the Auckland-born midfielder take on former Warrior and close friend Sam Tuitupou.

The ex-All Black left Worcester in 2010 after three seasons in the Blue And Gold to move to Munster.

However, after just one year in Ireland, he joined Steve Diamond’s revolution at Sale and he will form part of the Sharks’ welcoming committee.

“I was on the phone to him the other day. We talked about catching up after the game,” Rasmussen said.

“I know what he is capable of, he knows what I am capable of and no doubt there will be some big collisions.

“But we will enjoy it along the way, shake hands, kiss and make up at the end and enjoy a beer maybe.”

With both men due to line up at inside centre, there will be plenty of opportunities to leave their mark on each other. Especially given their shared reputations for being fearless tacklers.

“I don’t mind which I do – running at him or trying to tackle him will both hurt.

“He will take some taking care of, we will do some analysis and I am sure his name will come up and he will be identified as one of the strike runners for them.

“But there are a lot of other good players in their team we need to focus on and contain as well.”

Tuitupou missed the chance to make a quick return to Sixways because he was injured when the sides met in the first game of the season.

That game resulted in a 17-12 victory for newly-promoted Worcester.

Article source: http://www.sundaymercury.net/midlands-sport/midlands-rugby/worcester-warriors-rfc/2012/02/05/law-graduate-dale-rasmussen-prepares-for-life-after-worcester-warriors-66331-30268146/

DETROIT (WWJ) - The University of Detroit-Mercy has a brand new home for its series of free legal clinics, after purchasing a historic Detroit firehouse.

Law School Dean Lloyd Semple said the new location on East Larned is in a prime spot near UDM’s Riverfront Campus.

“We have been looking since we totally renovated this building for an opportunity to find a new space. This firehouse is almost adjacent to our riverfront campus where our main building is,” said Semple.

Last year, the UDM clinics helped represent over 1,400 clients. The school hopes to open the facility in December 2012.

“It’s going to take us several months to renovate it completely. We hope to be able to move the clinics back down there so that all of our clinics will be under one roof,” said Semple.

The firehouse was built in the early-1900s and served as the base for the Detroit Fire Department’s Engine 2 for many years. Although the building was used for many other purposes after it was sold by the department, its historic character was preserved through spiral staircases, exterior red fire doors and a lookout tower. The interior of the facility has been cleared, leaving a blank canvas for the school’s architects.

The two-story facility will provide more than 6,000 square feet of space for the school’s ten legal aid clinics. The building’s location is just steps away from the school’s first Urban Law Clinic, which was located at 531 East Larned.

A photo taken at the dedication of University of Detroit Mercy’s first Urban Law Clinic on November 24, 1965. (Courtesy: University of Detroit-Mercy)

Article source: http://detroit.cbslocal.com/2012/02/04/university-of-detroit-mercy-purchases-downtown-facility-for-legal-aid-clinics/

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Personal injury attorney Don Discepolo expands his law practice to represent U.S. transvaginal mesh victims

We are passionate about defending the rights of patients needlessly injured by defective medical devices such as transvaginal mesh.

Baltimore, MD (PRWEB) February 01, 2012

To say that personal injury lawyer Don Discepolo, founding partner of Baltimore law firm Discepolo LLP, is bothered by the medical device industry’s inability to put public safety above personal gain would be an understatement, says the Maryland litigator. The Federal Drug Administration (FDA) issued warnings in 2008 about the danger and ineffectiveness of implanting surgical mesh to treat pelvic organ prolapse, Discepolo noted. But the procedure is still used, harming thousands of unsuspecting women, he asserted.

“What is very disturbing about these products is that the manufacturers knew for years there were issues with using surgical mesh in such procedures,” said Discepolo. “They still market the product, knowing that it caused permanent pain and damage in thousands women and failed to work for many others.”

A July, 2011 FDA transvaginal mesh update warned that complications associated with using surgical mesh to treat pelvic organ prolapse and stress urinary incontinence were not considered rare. The FDA based its conclusions on the experiences of nearly 3,000 women who were reported injured due to such procedures in the past three years, the update said.

Discepolo pointed out that according to the FDA study, once the surgical mesh fails through erosion or other issues, it is very difficult to treat. The purpose of the mesh is to become imbedded in the tissues, supposedly strengthening organ walls, he explained. In many cases, removing the mesh is not possible and patients may be doomed to chronic pain and other complications for the rest of their lives, he said.

Possibly the worst part, Discepolo says, is that treatment alternative exists that has proven to be much more effective without the inherent risks associated with imbedding surgical mesh that is prone to erosion, piercing adjacent organs, and other life-threatening dangers.

“The injured patients deserve full compensation for their pain and suffering, which may be extensive in these cases, and for their medical expenses, lost wages and inability to enjoy their lives,” said Discepolo. “We invite women anywhere in the U.S. who have been injured by these medical devices to contact Discepolo LLP for a free consultation and more information. We are passionate about defending these patients’ rights.”

About the Law Offices of Discepolo LLP

Discepolo LLP is a full service Maryland law firm with a proven track record of successfully representing clients since 1998 in personal injury cases as well as dangerous products, family law, criminal defense, bankruptcy, medical malpractice, and other practice areas. The firm serves clients from four convenient offices in the areas of Baltimore City, Baltimore County, Howard County, Prince George’s County and Towson, MD.

To learn more about the firm, call (877) 834-0799 or visit the Discepolo LLP website.

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Article source: http://www.prweb.com/releases/2012/2/prweb9122574.htm