In praise of insurers - well, sort of.

Family lawyers rarely encounter legal expenses insurance.  It's been overlooked because most disputes within a family are expressly excluded by insurers. Doubtless this is on the basis that with over 40% of marriages ending in divorce, the chances of the insurer having to pay out are simply too great.  After all, insurance is about taking a premium for something that most likely isn't going to happen.  I was once told that just 5% of policy holders die during the term of a term assurance policy - perhaps taking out a policy is the best health measure we can all take!

By contrast, the dreaded ambulance chasers, personal injury lawyers, are well acquainted with searching out before the event insurance policies.  They come attached to household insurance policies, credit cards and occasionally other policies.  What they generally cover is all manner of civil disputes.  So if you end up in a boundary dispute with your neighbour (heaven forbid!), then your legal fees, and often your liability for your neighbour's if you were to lose, would be paid for you.

However, for the family there is some limited but potentially important benefit for their clients.  Two types of action can on occasion be funded by legal expenses policies.  In the first place, many policies cover Inheritance Act claims.  These enable a family member of someone who has died to make a claim against their estate in the event that they are left with little or nothing from the estate.  They aren't commonplace but for people who depended financially on a relative, they can be vital.  Because they are litigated in the civil courts instead of family courts, the normal rule on legal costs is that the loser pays.  This can be a major deterrent to someone who is already facing financial hardship after the death of a loved one.  With legal expenses cover, both sides costs are usually protected, up to a specified limit.  In my experience, that limit is generally more than enough to reduce the risk to virtually nothing.

More rarely, there may be cover for property disputes between cohabitants.  Often this is excluded from policies but as they also take place in the civil and not the family courts, occasionally they can be covered.  You have to look closely at just how any policy exclusion has been worded.  Again, if you can use your legal expenses policy, it can be of huge benefit as costs generally get deposited on the loser in these cases too. 

So, a word to the wise - always accept legal expenses cover when you are offered it.  Most people won't need it but then again, it's cheap and for those who do need it, it can be the best few pounds you ever spend.


Blog Disclaimer: Nothing in www.austinkempfamilylaw.blogspot.com blog should be construed as legal advice. If you require legal advice upon any family law related matter then you should instruct a solicitor. Any links to other blogs or web sites are provided for convenience only and Austin Kemp Solicitors cannot accept any responsibility for the contents of such linked blogs/sites.

Autumn is so busy!

I've commented before about how January, commonly reputed to be the divorce lawyer's peak season, just isn't.  However, that's not to say we don't have a seasonal business - in fact it's very seasonal. It's not the New Year that brings in a need for change, though, it's the autumn.

I blame school myself.  From the age of less than five, all the way through to the end of eucation, most likely in our early twenties, we are conditioned to a fresh start each September.  I find that from late September through to mid November I have a boom in new instructions and this year has been no exception.  My theory is that once the summer is out of the way, people begin to take stock.  Bear in mind that the majority of divorces come about within 11 years of marriage and you can see that many arise, sadly, where there are school age children, so the school year is the template for family life.

This autumn has been particularly busy for me as I have started to present training seminars for BPP,one of the leading professional training organisations.  The solicitors' training year runs from 1st November annually, so October is the month when solicitors realise with horror that they need to accumulate several more hours to comply,with professional requirements.  I've been rushing round the country as a result, presenting courses for lawyers who, happily, have in the main part restricted themselves to signing up to courses which are at least of direct relevance to their practices.  In times past, I have found myself sitting in seminars on advanced family law next to conveyancing solicitors who couldn't find anything directly relevant to them on a day they could spare out of the office!

So anyway, that's my excuse for being a non-blogger for the last two months.  I intend to be back with a vengeance now.  Loads of interesting things going on in family law, and one or two other areas as well. 


Blog Disclaimer: Nothing in www.austinkempfamilylaw.blogspot.com blog should be construed as legal advice. If you require legal advice upon any family law related matter then you should instruct a solicitor. Any links to other blogs or web sites are provided for convenience only and Austin Kemp Solicitors cannot accept any responsibility for the contents of such linked blogs/sites.