Warning to Ex Timeshare Salesmen Giving Legal Advice

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Offline Athena Law Solicitors

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Warning to Ex Timeshare Salesmen Giving Legal Advice
« on: March 20, 2019, 09:55:17 »

The marketplace is full of timeshare salesmen cold calling clients saying they are "lawyers" or offering "legal advice" or "legal representation". As reported in the News Feed on 1st April 2019 it will be unlawful for these individuals/companies to operate without either being a solicitor or being FCA Regulated. It would appear that the noose is finally tightening.

We have seen reports regarding Meredith Pritchard about the dangers of using these sorts of companies. The High Court has recently ruled that companies such as this will be judged by the standards of solicitors or barristers. In other words when considering advice given the question will be "would a reasonably competent barrister or barrister have given such advice". if not the company will be liable. A report of the case can be read below:

https://www.lexology.com/library/detail.aspx?g=f84629ce-9e90-4eef-a214-26ba1957188a&utm_source=lexology+daily+newsfeed&utm_medium=html+email&utm_campaign=lexology+subscriber+daily+feed&utm_content=lexology+daily+newsfeed+2019-03-20&utm_term= [nofollow]

The comments from the Solicitor representing the successful consumer in this case are work quoting in full:

“This is the first case on this issue since the ruling in Freeman v Marshall & Co [1996] around 50 years ago. This ruling is important as it establishes that if individuals hold themselves out as competent legal advisers they will be held to the standards of a competent legal advisor and if they do not reach those standards they can be liable.

“We hope this sends warning shot out to any other businesses or individuals who are acting in this manner that they will be held to account for the risks and losses they expose their clients to through their incompetence. This has become increasingly important since the decrease in legal aid that is available. Since that time we have seen an increase in unregulated individuals who advertise their services. Individuals offering such services includes but is not limited to Makenzie Friends, who are able to offer a wide range of services yet remain unregulated and they are not required to have insurance.

“I am glad that we were able to rectify the wrongs done to our client by a company who only pretended to be legally qualified and instead were completely incompetent and caused great distress and financial detriment to our client.”

Athena Law Solicitors

http://athlaw.co.uk [nofollow]