The legal serach engine results in google

Is google ruining the legal information resources in it’s index ?

Online legal resources, like almost everything else online, provide an excellent free resource. Legal information historically had been the preserve of weighty legal tomes, almost indicipherable to someone not a trained and experienced lawyer, but the importance of the internet as a marketing tool has changed everything.

Many law firms have realized that the internet is an incredibly powerful and important way of communicating with potential clients. Those potential clients are generally not all that interested, if at all, in in-depth academic explanations of law or the latest legal nuance or case. Typically, those searching on the web for legal information want an overview, a guide which enables them to gain some understanding of the topic or the legal issue they are facing, whether this may, for example, relate to a situation where they are an employee with a possible unfair dismissal claim, a business which needs a shareholder agreement or you have lost a relative and need to apply for probate.

There are now a wealth of excellent resources on the web along the above lines, which are really helpful to non-lawyers and enable them to make more informed choices. So what’s the problem ?

Google is the dominant force in search, with over 90% of the market, and, as things stand, no viable challenger. As those who follow search engine marketing will know, google has gone on the rampage over the last 3-4 months, downgrading many thousands of sites due to what it claims is an attempt to clean up the web from spam. Many doubt this explanation – by shaking up the search results so much,  with many sites penalised, this has the result of these sites that have lost traffic deciding to do more pay per click, and who benefits from that – google !

The problem is, as we see it, watching the legal search results daily, that for many legal search terms, google search results have regressed or deteriorated hugely in the last few months. It has replaced and downgraded many of the better sites, albeit some of which have not stuck strictly to google’s rules, and replaced them with largely academic results, which google trusts more, simply because they are academic institutions.

The above is disappointing – google should sort this out out it many well start losing some of it’s domination if it’s search results remain so poor.

This is a guest post from My lawyer online legal services.

What is a maisonette?

The word Maisonette derives from the French word for house, “maison”, coupled with the diminutive “ette” to imply that it is a little house. However, in England, a maisonette is not exactly a little French house. In English, the exact definition of a maisonette is rather elusive, with a variety of answers offered by different sources. The Concise Oxford Dictionary provides that it is part of a house or block of flats which forms separate living accommodation which is usually spread over two floors and has its own entrance.

Modern varieties

Due to property being built and modified in ever-evolving ways living spaces are created which do not necessarily fall into a specific mould and yet still need to be described. Hence, something described as a maisonette may not always comply with the dictionary criteria previously outlined. Maisonettes usually have their own access and often an internal staircase, but can also include properties which have just one floor, albeit with a private staircase that leads up to it. Some maisonettes come with a garden; this is usually a small plot of land that is often shared with the adjoining property. Continue reading

Reasons for considering estate planning

Estate planning is a term used to describe the process of planning and arranging for the disposal of an estate and is often also used in the context of tax and other planning to ensure tax efficiency and preservation of hard earned assets for future generations.

What is covered by estate planning?

Estate planning is used in relation to a number of different matters relating to the broader concept of estate administration. Typically it refers to the following:

  • wills;
  • trusts;
  • powers of appointments;
  • property ownership (joint tenancy with rights of survivorship or tenancy in common);
  • gifts;
  • powers of attorney. Continue reading

Instructing staff to break the law – what and why ?

In an extraordinary recent development, a well known and respected company director has encouraged his staff to break the law. This raises many moral and legal issues, and we would also have thought the potential of personal liability for the individual in question, not just corporate liability.

Bus lanes are not limited to buses. Cyclist, motorcycles and taxis (black cabs) are all permitted to use them. Normal vehicles are permitted to use some bus lanes during certain hours, which are marked before the bus lane and at certain points throughout the lane. If there is no sign then it usually means that the bus lane is in operation constantly. Continue reading

Changing name by deed poll

Deed Poll

What is a Deed Poll?

A Deed Poll is a legally binding document which commits an individual to adhere to a particular action, usually a change of name.

It is worth noting that if you want to change your name in law you do not technically have to obtain a deed poll, you can simply start using an alternative name and create a legal change by using that name. In practice however, for passports, bank accounts and other official purposes most institutions will require a formal deed poll and this can usually be prepared by solicitors at a relatively modest cost.

A Deed Poll is signed by the individual initiating the action and a witness and will contain a set of declarations which, on signing the document, the individual has agreed to follow.

In the case of a name change the declarations within the Deed Poll would be:

  • For the individual to abandon the use of their former name/names
  • For the individual to use their new name only at all times
  • For all persons to address the individual by their new name only

A Deed Poll can be executed by anyone over the age of 16 so long as they are a British citizen. For individuals younger than 16 the execution of a Deed Poll can be carried out by the parents or legal guardian of the child.

A name change Deed Poll enables an individual to change their surname, forename, remove or add names or even change the order of existing names.

Witness Requirements

There are certain requirements for the person witnessing the individual signing the Deed Poll. The witness must:

  • Be over the age of 18
  • Be able to understand, read and speak fluent English
  • Reside at a different address from that of the individual
  • Be well known to the individual but not related to them. In most cases a professional is preferred to act as a witness, this could include a GP, solicitor, teacher or anyone in a prominent position who knows the individual well

Reasons for a Change in Name

There are numerous reasons why someone may want to change their name but probably the most common reason is when a woman wishes to change her married name back to her maiden name after the breakdown of her marriage.

In some instances a mother may also choose to change her children’s surnames to her maiden name rather than that of their father’s when the marriage has come to end.

Other instances of name change may include remarriage where the woman already has children from her previous marriage and wants them to take on their step father’s surname.

Adoptive parents will also more than likely want their adoptive child or children to take on their surname.

The change of name won’t generally come in to effect until the individual begins notifying companies of their name change and changing their details on items such as passports, driving licences, bank accounts and medical records.

E-petitions to try and change the law

Get 100,000 e- signatures on a Petition to Government

A new website enabling the public to lodge a petition to the Government electronically online has gone live. The plan is that a petition which gets 100,000 supporters ought to result in a debate on that issue in Parliament

Apparently, Government departments will moderate the petitions, with oversight from the office of the leader of the commons.

We wonder whether the system might be hijacked by people using it to sell petition votes like “likes” on facebook ?

Legal Ombudsman

Complaints to the Legal Ombudsman

In the latest report from the Legal ombudsman, the “usual suspects” were present in terms of the makeup of complaints, which were as follows :-

  • Conveyancing accounted for over 20% of investigations
  • Family law came second with just over 19%
  • Next comes wills, at just over 13%
  • Litigation complaints made up just over 10%
  • Making up the other largest categories were personal injury and employment law
  • More complaints were received based on alleged failure to provide advice than on excessive fees or delays

The report discloses that nearly 3,800 complaints were investigated out of a total of over 38,000 complaints received.

Don’t overstate your case

Interesting case in the employment tribunal

A recent case in the employment tribunal perhaps highlights 2 important points for employees who are having problems at work. Of course, such situations are difficult for both employers and employees and they can all too easily become very personal. What can easily happen in these situations is that :-

  1. The employee makes themselves unmanageable and back themselves into a corner, this can result in the employer having ultimate grounds for dismissal as long as the employer complies with suitable process and acts within the range of reasonable responses. The employee may become hostile in these circumstances to colleagues or bosses and may lodge repeated complaints as the employee becomes increasingly agitated and frustrated.
  2. As a corollary to the above, post dismissal, whether by constructive or unfair dismissal, there is a tendency to make as many claims as possible in the employment tribunal, particularly due to the no costs rule in the tribunal i.e regardless of who wins or loses each aspect of the case there are no legal costs implications in terms of being ordered to pay the opponent’s costs except for exceptional cases. Consequently, many employees will claim for discrimination and other possible employment claims aside from unfair dismissal. This tactic can sometimes backfire, giving the employment tribunal a certain impression of an applicant.

In the particular case in question, Electrical engineer Bijan Zakeri worked for Tyne & Wear Metro owner Nexus for 28 years until retiring on ill health grounds in February last year. He alleged negative treatment from bosses and colleagues after he raised concerns about safety, maintenance and machinery training. He also claimed constructive dismissal and disability discrimination against Nexus – allegations the organisation disputed. The Tribunal found that the dispute with the former employer had become an “obsession”. He did succeed on certain claims, but this case is an example perhaps of the above as the tribunal commented that his obsessive and nitpicking approach to his duties and those of others, made him virtually impossible to manage.