Tuesday, 31 July 2018

Here is how you can help combat family separation at the border.

If you’re dismayed by news of families being separated at the borders, here’s a bit of news you can use.

First, the policy: It needs to be extremely clear on what the law is, and what has and has not changed. When Donald Trump and Sarah Huckabee Sanders say that the policy of separating children from their parents upon entry is a law passed by Democrats that Democrats will not fix, they are lying.
There are two different policies in play, and both are new.

First is the new policy that any migrant family entering the U.S. without a border inspection will be prosecuted for this minor misdemeanor. The parents get incarcerated and that leaves children to be warehoused. The parents then typically plead guilty to the misdemeanor and are given a sentence of the few days they served waiting for trial. But then when the parents try to reunite with their children, they are given the runaround—and possibly even deported, alone. The children are left in HHS custody, often without family.

Second is a new and clearly unwritten policy that even when the family presents themselves at a border-entry location, seeking asylum—that is, even when the family is complying in all respects with immigration law and US Immigration Lawyer London —the government is seizing the children away from their parents. Here, the government’s excuse seems to be that they want to keep the parents in jail-like immigration detention for a long time, while their asylum cases are adjudicated. The long-standing civil rights case known as Flores dictates that they aren’t allowed to keep kids in that kind of detention, so the Trump administration says they have to break up the families. They do not have to break up families—it is the government’s new choice to jail people with credible asylum claims who haven’t violated any laws that is leading to the heartbreaking separations you’ve been reading about.

So that is what is happening. Whether or not that is what the Bible demands is the subject of a different column. Good explainers on what is and is not legal detention of immigrants and asylum-seekers can also be found here and here and here.

• The ACLU is litigating this policy in California.

• If you’re an immigration lawyer, the American Immigration Lawyers Association will be sending around a volunteer list for you to help represent the women and men with their asylum screening, bond hearings, ongoing asylum representation, etc. Please sign up.

• Al Otro Lado is a binational organization that works to offer legal services to deportees and migrants in Tijuana, Mexico, including deportee parents whose children remain in the U.S.

• CARA—a consortium of the Catholic Legal Immigration Network, the American Immigration Council, the Refugee and Immigrant Center for Education and Legal Services, and the American Immigration Lawyers Association—provides legal services at family detention centers.

• The Florence Project is an Arizona project offering free legal services to men, women, and unaccompanied children in immigration custody.

• Human Rights First is a national organization with roots in Houston that needs help from lawyers too.

• Kids in Need of Defense works to ensure that kids do not appear in immigration court without representation and to lobby for policies that advocate for children’s legal interests. Donate here.

• The Legal Aid Justice Center is a Virginia-based center providing unaccompanied minors legal services and representation.

After consulting with a reputed US immigration lawyer in London, you can get to know more about these things that could help you deal with things feasibly and effectively.


How to determine your precise need of consulting an immigration lawyer in London?

Immigration law is one of the most intricate versions of today’s legal system. The different immigration laws and procedures are complete and changes do happen often. For these reasons, it is necessary to have an experienced immigration lawyer in London who has thorough knowledge of each of the stages of immigration litigation, including circumstances particular to your country and region.

A majority of the people who try to file applications on their own will finally find that their lack of knowledge with respect to immigration rules and regulations can result into mistakes that are expensive in terms of both time and money. These errors may restrict an individual’s choices, lead to a Visa denial, and even result in deportation penalties. If hiring an immigration lawyer in London becomes the last resort later, your errors may limit the options that you would have had prior to filing.

Many immigration attorneys are also likely to charge you significantly more to clean up a mess that you have created. In various states “notorious” illegally offer their services as immigration consultants but do not have the extensive knowledge or license necessary to complete the immigration process. Beyond violating the law, they also lack the training needed to understand complex legal matters and help you to decide on the best course of action given your specific situation. The USCIS does not recognize these consultants and will not let them represent you in court. In addition, because these individuals are operating illegally, their work is not held to any standard and you will not have the same reliability offered by an attorney.

The immigration process is much beyond than just filling out forms. There are rules, regulations, and consequences behind most of the questions asked on the forms. Don’t let a small mistake cause your application to be denied!

A leading immigration lawyer in London will advise you about the latest laws and regulations concerning changes in immigration law. The lawyer should also help you decide the best course of action specific to your situation and thoroughly explain your options to you. When preparing your case and representing you, your immigration attorney should be able to explain why you should be eligible for immigration benefits under current United States immigration law.

Always remember that the key to success in any immigration case is the knowledge and expertise of the lawyer you choose to hire. So, always spend time in finding the best lawyer for your case so that it will increase the likelihood of getting through to your immigration application.


If you are trying to become a U.S. permanent resident or a U.S. citizen, it’s a good idea to consult or hire an attorney.  It's especially important to consult with an attorney if you are facing arrest or deportment because of an immigration issue. Keep all the factors in mind while fixing a particular lawyer for your case. The time you choose to spend here is going to produce significant results in future for you. 

Types of commercial disputes commercial litigation solicitors in London come across.

Commercial litigation is an extensive term that encompasses a number of distinct business-related issues and disputes. This article provides general information on a number of common commercial litigation situations. Being involved in any sort of commercial dispute can have a negative impact on your business and on your individual livelihood. Commercial litigation solicitors in London can assist you with any of the following issues.

Contract disputes

Contract disputes can emerge in a number of situations — from a supplier's failure to deliver goods to your company according to the terms of your agreement to a dispute with a former employee over a non-complete agreement or employment contract. A contract is a legally enforceable agreement between two or more parties that creates an obligation to do or not do particular things. Once a valid contract exists, a party is under the duty to perform the agreed-upon contractual duty. A breach of contract occurs when a party fails to perform. In a breach of contract action, the main remedies adopted by leading commercial litigation solicitors in London are that the non-breaching party may pursue depend largely on the injury suffered.

Tortious disruption

Generally, business torts are claims for either intentional or negligent wrongdoing in a business relationship. These claims can be based either on statutes or on common law. One such tort is known as interference with contract or interference with prospective economic advantage. Though the elements of this tort vary from state to state, generally, a plaintiff must establish the existence of a contract or some economic relationship between the plaintiff and a third party; that the defendant knows about that relationship; intent by the defendant to disrupt or harm that relationship; actual disruption of the relationship; and damage to the plaintiff. Other business torts include unfair competition and conversion.

Antitrust and trade regulation

Generally, antitrust laws prohibit anti-competitive behavior and unfair business practices that harm consumers and businesses. Two of the main federal antitrust laws are the Sherman Act and the Robinson-Patman Act. Section 1 of the Sherman Act prohibits any contract, combination or conspiracy that restrains trade unreasonably. Section 2 of the Sherman Act makes it unlawful for companies to monopolize or attempt to monopolize trade or commerce. The Robinson-Patman Act prohibits price discrimination that threatens to harm competition. In order for the Robinson-Patman Act to be implicated, there must be two or more sales, by the same seller, of commodities of like grade and quality, that occurred reasonably close in time, with a difference in price, to two or more different purchasers for use, consumption or resale within the United States or any territory thereof, which may result in competitive injury.

Corporate disputes


Businesses, including partnerships and corporations, can face a number of legal disputes that fall under the umbrella of commercial litigation solicitors in London. Perhaps a shareholder brings a suit alleging that a company's officers or directors have breached their fiduciary duties or had a conflict of interest in a transaction that harmed the company. There could be a dispute among the partners or shareholders of a business. Corporate litigation that seeks to challenge mergers, acquisitions, and financing arrangements are also common.

Monday, 30 July 2018

Legal firms in London are divided over gender pay gap.

As companies raced to report gender pay gap statistics in recent times to fulfill with new U.K. laws, an unanticipated issue unfolded. While most banks published gaps of more than 40 percent, law firms appeared to fare much better. That was until it emerged they were excluding partners -- their best-paid tier -- from the data.

Under new legislation in Britain, legal firms in London with 250 employees or more must report the hourly wage and bonus pay gaps between men and women. While it’s illegal to pay people in the same role different amounts, the new legislation reveals a different problem: Men generally monopolize the best-paid roles and women remain at the bottom.

For law firms, the issue has long been emphasized by a lack of female partners, with rarely more than a fifth of partnerships made up of women. But in a move unexpected by lawmakers, most law firms haven’t included their partners in the data because they’re paid from profits, and as such considered shareholders rather than employees.

A number of the big accountancy firms also excluded partners from their reports before restating their figures in response to pressure from lawmakers. Deloitte’s average gender pay gap jumped from 18 percent, excluding equity partners, to 43 percent, while Ernst & Young went from 20 percent to 38 percent.

The exclusion of partners sparked outrage from politicians who criticized lawyers for complying with the letter rather than the spirit of the law, yet only a small group has decided to restate their figures. Overall, nine firms from the top 25 have included partners in their gender pay gap reporting, according to Bloomberg News’s analysis of the data. Of those that have provided a firm-wide number, the average hourly wage gap is about 60 percent.

One issue faced by legal firms in London is the different partnership structures, with some running a full-equity model while others have salaried partners that take some share in profits. This can make it hard to measure and get like-for-like comparisons among firms.

Firms that don’t release the numbers risk falling out of step with the “social mood,” said Tony Williams, founder of Jomati Consultants, which focuses on the legal industry. "I think they are missing a real point in the current social and political environment," he said.

Staring at the government records, which doesn’t include partners for any firm, DAC Beachcroft and Simmons & Simmons had the largest gender pay gaps based on the mean hourly rate, at 27 percent and 26 percent. The average median hourly pay gap for the top 25 firms was 28 percent, while the average difference in bonus pay was 43 percent.

A spokesperson for a leading law firm said the figures were affected by a largely female secretarial population and the firm was taking steps to improve its diversity. A spokesman for another law firm declined to comment beyond the firm’s pay gap report.


Wednesday, 25 July 2018

How to choose from the best employment solicitors in London?

If you have been facing issues at your workplace and have come to the assumption that you need some legal advice, here are our top 10 tips on choosing from the best employment solicitors in London.

Visit their website – This will give you a touch for the law firm and enable you to identify if they have expertise in the area of employment law that you need. Check that it has been timely updated as this will show the firm is up-to-date with daily changes in employment law.

Preliminary Meeting – The preliminary meeting is a major part of choosing an employment solicitor in London. Make sure you speak to the solicitor who will be working on your case and not a trainee, paralegal or other junior member of staff within the firm. Check for an assessed cost of pursuing your claim, the probable outcome, and what their suggested plan of action is. The initial meeting will also help you to establish if you have an employment claim.

Personalities – The initial meeting will allow you to assess if you can work with the employment solicitor. It’s important that you feel you can get along with them, that you trust them, and that you will be able to work in close collaboration with them for what could be a long period of time. Also, you should gauge their attitude – are they aggressive or will they champion mediation or a settlement?

Shop around – This is suggested but not always easy as employment claims have fixed time limits in which they must be brought before an employment tribunal. In majority of cases, including unfair discharge and discrimination claims, you have three months from the discriminatory act to bring your claim.

Recommendation – If strapped for time, a recommendation from a colleague/friend/family member/ reputable referral firm can come in very useful.

Experience – Ask the solicitor about their experience, including how long they have been practicing and their rate of success.

Fees – Most of the people will see this as the most important factor when choosing an employment solicitor. The fees charged will depend on the experience and reputation of the firm and the amount of work they undertake for you. Ask how you will be expected to pay the fees – will they require them up-front, at the end as a lump sum, or will you get monthly bills? Some employment solicitors in London will offer a no-win, no-fee agreement, which means you’ll only have to pay their fees if you win. Before agreeing to a no-win, no-fee agreement, make sure you fully understand all the other costs you could be responsible for paying.

Practising certificate – Make sure the solicitor has a valid practising certificate from the Solicitors’ Regulation Authority, this ensures they have not been struck off the roll and have professional liability insurance in place to compensate you in case they negligently cause your loss.

Locality – If possible, hiring a local solicitor is a good idea. It means you can easily pop in for a face-to-face meeting if you have any concerns, and it may help you to establish a better working relationship with them.


The size of a firm – You may find a smaller company is more suitable for you; it may be less intimidating and may encourage a closer relationship with your employment solicitor. Alternatively, you may prefer a larger, more commercial firm. However, these companies tend to work mainly on behalf of employers.

Tuesday, 24 July 2018

Understand the role and responsibilities of a litigation solicitor.

Litigation attorneys also referred as litigators or trial lawyers represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.


Responsibilities of litigation solicitors in London can differ based on the nature of the dispute, the experience of the attorney, and whether he's representing the plaintiff or defendant.

Education and Training

A litigation lawyer must have achieved her juris doctor degree from a law school accredited by the respective Bar Association. This means first earning a four-year degree in addition to three additional years in law school. Attorneys must then pass the bar exam and be admitted to the bar in the state in which they wish to practice.

It's often helpful to be admitted to the bar in neighboring states as well for a wider potential client base and increased job opportunities.

Initial Case Assessment and Investigation

Litigation solicitors in London in a plaintiff's case often conduct an initial case investigation to determine if enough evidence exists to warrant filing a lawsuit. In a defendant's case, he'll assess what evidence exists to defend a potential or existing suit against his client.

The investigation process can include locating witnesses, taking witness statements, gathering documents, interviewing the client, and investigating the facts leading to the dispute.

Litigation attorneys often engage in pre-litigation settlement discussions to attempt to resolve the matter before a lawsuit is actually filed.

Drafting Pleadings

A variety of pleadings and motions must be filed with the court on behalf of both the plaintiff or the defendant in a lawsuit.

Plaintiff attorneys will draft and file a summons and complaint to initiate the lawsuit, and defense attorneys typically draft answers and sometimes counterclaims in response to that initial complaint. Defense attorneys collaborate with their clients to investigate the allegations of the lawsuit in order to formulate these responses.

Litigation attorneys might also draft a variety of pretrial motions, including motions to strike or dismiss evidence or to change the venue or location of the trial. They might file motions for judgments rendered on the basis of the pleadings so no court appearance is necessary.

The Discovery Procedure

The discovery portion of a lawsuit involves the exchange of all relevant information between the parties. Litigation attorneys employ a variety of discovery devices to gain this information.

These methods can include interrogatories, a series of written questions that the other party to the lawsuit must answer—also in writing and under penalty of perjury. It can include depositions which involve oral questions typically presented by the other attorney in an office setting, again answered under oath.

Other common methods of discovery include requests for documents that are in the possession of the other party as well as requests for admission—asking the other party to admit to or deny certain aspects of the case in writing and under oath.

Litigation solicitors in London also draft and argue discovery-related motions including motions to compel the other side to respond to discovery requests if they haven't done so within a specified time period.

Commercial lawyers and the complexity of commercial law in UK.

Almost half of the total UK population is in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic.

It causes errors in decision-making and to augmented administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens.

There are many commercial lawyers in London who strive to tame the complexity associated with UK commercial law.

The leading commercial law firms in the City of London are referred to as some of the best legal practices in the world, and are some of the most expensive providers of legal services. However, they are also some of the least transparent, specifically in terms of pricing: while they do publish yearly statistics on the performance of their firm, from turnover to profit per partners, they do not publish information on the hourly rates charged to their clients.

In the context of jurisdiction clauses, the recent English decision in Wright v Lewis Silkin [2016] EWCA Civ 1308 is also particularly instructive. In that case, Mr Wright’s solicitors failed to include a jurisdiction clause in a contract with an Indian employer. When a dispute ensued, jurisdiction was contested and by the time it had been resolved and judgment rendered, the counterparties appeared to be insolvent. Mr Wright then sought to sue his solicitors. In the High Court, the solicitors’ firm was held liable for the costs of various motions contesting jurisdiction and also for the loss of chance of recovery of damages due to the consequent delay in obtaining a judgment. On appeal, the first instance finding in respect of loss of chance was reversed on remoteness grounds but the liability for the costs of the jurisdictional challenges was upheld.

So it is clear that one of the commercial lawyers in London can be held liable for not drawing a known risk to a client’s attention and it is also clear that such a risk can relate to a failure to properly advise regarding jurisdiction clauses in contracts.


Absent a political solution, what are the potential enforcement options? It is reasonably clear that the Brussels Recast Regulation will not apply once the United Kingdom leaves the European Union. There is a state able argument that the Brussels Convention, which has not been formally abrogated and is an international instrument independent of the EU, could then be used to enforce UK judgments in some of the remaining Member States (but not all because not all of the current Member States are parties to the Brussels Convention).

Friday, 20 July 2018

Why shouldn’t US immigration law be good for the US?

Are you looking to migrate to US by consulting an immigration law firm in London? If yes, it is very necessary for you to understand all the aspects of US immigration law that is bound to change at various intervals. Last year, bureaucrats send a reform bill to Trump for approval. Though it won’t be applicable anytime soon, it is meant to put a lot of effect on the immigration process.


There are two simple principles behind the bill. We’re going to admit people on the basis that they’ll make Americans better off. And amnesty is off the table.

The bill would bring down the number of family-preference immigrants, individuals who come here because they have an instant relative in the country. Right now two-thirds of our green cards each year go to family members. They’re a source of chain migration, people admitted because they have a relative here, and who once here bring their relatives in.

Under the RAISE Act, the number of family-preference immigrants would drop from 600,000 a year to less than 90,000. Along the way, the bill would eliminate the idiotic lottery system, which at present admits 50,000 people a year who hold a lucky ticket.

The case for family-reunification preferences is far weaker today than in the past. In the 19th century, the immigrants who arrived at Ellis Island didn’t expect they’d be seeing their relatives in the old country again. It was the long goodbye. But today it’s different. Compared to 1965, plane tickets and calling cards are cheap, and Skype is free.

It’s often considered that our existing immigration policies impoverish America, but when economists run the numbers it’s not clear that on net they’re costly. The most respected immigration scholar, George Borjas, concludes that one really can’t say. That’s not the end of it, however.

Even if immigration on net is an economic zero, it still creates winners and losers within the United States and amounts to a wealth transfer from poor to rich Americans. Borjas reports that increasing the immigrant flow by 10 percent depressed the earnings of native-born Americans by 4 percent between 1960 and 2010. And it is quite sure only an experienced immigration law firm in London would be able to guide you throughout this.

These costs are most largely dealt by African Americans, the most fragile group of citizens, whose unemployment rate is nearly double that of whites, and a 10 percent increase in immigration was associated with a 5.9 percent reduction in the black-employment rate.

In addition, a comparison between current immigrants and native-born Americans misses the opportunity costs of doing better still with higher-quality immigrants. Why not the best?


This is the reason why the RAISE Act proposes to copy the Canadian points system, which is generally considered the model for immigration reform. Under this system, immigrants can log on to a Web site and see if their work, education and language skills qualify them for admission to Canada.