The economic climate is causing solicitors who usually practice in criminal law, to take on motoring cases even though they lack sufficient expertise.
As a result of the credit crunch, amongst other sectors of the legal profession, general criminal solicitors are suffering. This is partly due legal aid work, which is commonly undertaken by general practitioners being streamlined and poorly paid. A net result is that many are branching out into motoring law as it’s seen as a lucrative area. However, although criminal law and motoring law have the same procedural rules, beyond that they are poles apart.
Jeanette Miller is the Senior and Managing Partner at Geoffrey Miller, one of the leading motoring law firms in the country. She has noticed, “Many criminal solicitors are finding themselves in financial difficulty, and some see motoring law as a profitable way to fill the gap. This is potentially problematic as motoring law is an extremely complex area of criminal law, involving technical defences that only a true expert can successfully identify, understand and argue before a court. Although many general criminal lawyers are capable of dealing with a very straight forward factual motoring defence, the vast majority of general criminal lawyers do not have the expertise to employ the tactics and knowledge that is gained through years of experience specialising solely in this field. It is a little bit like a GP professing to be an expert in brain surgery. They will know a little bit about brain injury and disease, but would never go as far as to call themselves experts in this specialised field.”
Jeanette is also concerned about what appear to be copycat versions of the Geoffrey Miller website that keep popping up. Even more of a concern over recent months is a new breed of what Jeanette calls, “Claims Farmers for motoring offences,” which seem to have emerged. It is difficult to spot them as their sites are similar to those of true experts. She explains how they operate, “People with motoring prosecutions contact these websites and register their cases, solicitors then buy their cases off the people who run the site. It’s very worrying that any solicitor would see fit to buy motoring cases. Solicitors working with such organizations can claim expertise in this field of technical law, but many are without a discernible track record, and could be peddling incorrect advice that could have disastrous consequences. For example, the site http://www.motoroffenceadvice.co.uk/compliance.php looks and reads well and the consumer would have no idea that the people behind the site, RedMag Media Limited are based in Ireland and are not solicitors. They are merely a marketing company selling on the enquiries they receive from the site. It would appear that they would have no way of telling how qualified or suitable the solicitors to whom they sell the enquiries may be.”
She adds, “I have never and will never buy motoring cases from a website. I think it is completely wrong and I think the professionalism and integrity of anyone who does is questionable. Motoring cases are still criminal matters and the “claims farmer” culture which arose from the blame and claim era started by the infamous and now ruined company, “The Accident Group” simply should not be applied to this area of law. I suspect the Solicitors Regulation Authority and the Law Society will have similar concerns about solicitors who choose to work with such organizations.”
Those now seeking a lawyer to defend them in a motoring case must be extra vigilant that the person they choose to represent them has the knowledge and experience they claim to have.
For more information www.geoffreymillersolicitors.co.uk
As a result of the credit crunch, amongst other sectors of the legal profession, general criminal solicitors are suffering. This is partly due legal aid work, which is commonly undertaken by general practitioners being streamlined and poorly paid. A net result is that many are branching out into motoring law as it’s seen as a lucrative area. However, although criminal law and motoring law have the same procedural rules, beyond that they are poles apart.
Jeanette Miller is the Senior and Managing Partner at Geoffrey Miller, one of the leading motoring law firms in the country. She has noticed, “Many criminal solicitors are finding themselves in financial difficulty, and some see motoring law as a profitable way to fill the gap. This is potentially problematic as motoring law is an extremely complex area of criminal law, involving technical defences that only a true expert can successfully identify, understand and argue before a court. Although many general criminal lawyers are capable of dealing with a very straight forward factual motoring defence, the vast majority of general criminal lawyers do not have the expertise to employ the tactics and knowledge that is gained through years of experience specialising solely in this field. It is a little bit like a GP professing to be an expert in brain surgery. They will know a little bit about brain injury and disease, but would never go as far as to call themselves experts in this specialised field.”
Jeanette is also concerned about what appear to be copycat versions of the Geoffrey Miller website that keep popping up. Even more of a concern over recent months is a new breed of what Jeanette calls, “Claims Farmers for motoring offences,” which seem to have emerged. It is difficult to spot them as their sites are similar to those of true experts. She explains how they operate, “People with motoring prosecutions contact these websites and register their cases, solicitors then buy their cases off the people who run the site. It’s very worrying that any solicitor would see fit to buy motoring cases. Solicitors working with such organizations can claim expertise in this field of technical law, but many are without a discernible track record, and could be peddling incorrect advice that could have disastrous consequences. For example, the site http://www.motoroffenceadvice.co.uk/compliance.php looks and reads well and the consumer would have no idea that the people behind the site, RedMag Media Limited are based in Ireland and are not solicitors. They are merely a marketing company selling on the enquiries they receive from the site. It would appear that they would have no way of telling how qualified or suitable the solicitors to whom they sell the enquiries may be.”
She adds, “I have never and will never buy motoring cases from a website. I think it is completely wrong and I think the professionalism and integrity of anyone who does is questionable. Motoring cases are still criminal matters and the “claims farmer” culture which arose from the blame and claim era started by the infamous and now ruined company, “The Accident Group” simply should not be applied to this area of law. I suspect the Solicitors Regulation Authority and the Law Society will have similar concerns about solicitors who choose to work with such organizations.”
Those now seeking a lawyer to defend them in a motoring case must be extra vigilant that the person they choose to represent them has the knowledge and experience they claim to have.
For more information www.geoffreymillersolicitors.co.uk
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