advice - obligation under contract after Training Contract

[amiles]

Hi there, I have just joined up.

I have a problem and was wondering if anyone out there might have some useful knowledge and tips...failing that, some encouragement??

I have been lucky enough to secure a training contract - although it has not been a good experience; I should qualify soon.

The problem is that the contract is the 3 party (me, LSC and the firm) which "expects" (as written in the contract) me to work for 2 years after qualifying either for the firm or another LSC firm.

The contract under a clause states the LSC reserves its right to recoupe the fees for PSC should the trainee not carry out the 2 year PQE period with a LSC firm.

you may think what is this person complaining of? Please consider the following before you reply:-

I have put up with a lot of bullying since being there;
I have had not support or supervision;
My boss is mostily out of the office and he expects 7 billable hours at least per day from me;
My pay is the law society minum and I had to remind and prove the recent increase to get it! (even though my boss had been written to by the law society;
I was threatened with the sack which was unjustified in may (but pulled through and ate humble pie for the sake of qualifying; (the reason why I was threatened was unfair and very upsetting - but is a bit of an epic to explain!

I used to work as a paralegal at another firm doing a different area of law. I like the previous firm for its size, structure, ethos, people area of law, supervisor and well everything I dont get where I am.

I have been attending interviews at the above type firms and am very hopeful to get an NQ post offered soon, but the PROBLEM IS WHAT AND HOW DO I ESCAPE THE CURRENT FIRM AND OBLIGATION TO DO LSC WORK FOR THE NEXT TWO YEARS??????????

It does say in the contract reserves the right to recoupe the PSC... not an absolute, but being paid the minimum (like most trainees), being bullied and all the above, being very upset a lot of the time and billing 7-10 hours per day for my boss - SURELY THE LSC WON'T ASK ME TO REPAY THE FEE FOR PSC WHEN I EXPLAIN?????

Does any one know about this - or has any one been faced with a similar employment contract obligation?

Regards
Newbie A.

[kathryn]

firstly do not worry. YOu can complain about your training contract - a lecturer of mine looks into complaints. SO you may want to look into it.

I am not an expert on employment law having never studying it but if you leave due to bullying, is there not a ground for unfair dismissial i.e you left because you had to?

At the end of the day if you are really really unhappy get out of there because you will only make yourself ill with worry. IT may be an idea to find a job to go to before leaving as you don't ant to have no money~!

[amiles]

Hi there Kathryn and everyone else reading...

Thank you so much for your considered reply -it is very appreciated!

I am actually very nearly at the end of my training contract – only a month or so to go till the end.

The main issue (which I think I didn’t make clear for Kathryn) is that I am obliged under the 3 way-training contract to stay with the firm or work for another legal aid firm for 2 years post qualification.

I don’t want to work at a firm which bullys me, offers no training really (I have spent most of my personal time reading and paying for access to lawtel and buying my own books to adequately advice clients unsupervised!!!!)

I have been finding it very difficult to obtain a job with a legal services firm (ie a firm with a franchaise in the areas I have work experience in) housing law. I also did another area which I found is too emotionally demanding and is also very niche… no not family or criminal.

It therefore seems that with my experience; unless I obtain a job in Clinical Negligence with a firm with a franchise in this area… I will breach the contract by not working for two years on franchise-supported work.

My other experience is in civil Litigation and PI. I have a lot of good experience and have had a few interviews, which may get me a job. A job I would also enjoy.

THE PROBLEM IS THAT THESE AREAS OF LAW ARE NOT FUNDED BY LSC AND THEREFORE I WOULD BE TECHICALLY BREACHING MY CONTRACT.

I feel like saying what am I meant to have known that my supervisor and firm would be such a mess, a sham, a throughly stressful experience???

The question I want help with is:-

Can the legal services really recoupe the money they paid for my PSC when I have already worked so hard, didn’t know the way things would turn out and am not able to secure another job as there appear to be none out there requiring the inadequate training I have received!

There are actually not many any way – we are talking a number like 2. I have stock piled the law society gazette since april 2005 and there is hardily anything I could apply for. I have googled it, totally legalled it, searched on law crossing and LAPG website and there really is nothing!

I have some great PI experience currently getting me loads of interviews – surely the LSC cant stop me leaving legal aid work?

Isnt UCTA relevant here? (unfair contract terms act) and surely if I prove that I have made say 100 applications and not achieved a job in another legal aid franchise provider, but have achieved an offer in PI they (LSC and I suppose my supervisor cant force me to stay or recoupe the funds for PSC?)

Regards and many thanks for reading my epic!

A newbie

[kathryn]

sent you a pm back!

[aimex]

how much are the psc fees then? Couldnt you just pay them?

You should consider phoning the law society and talking this over with them, they should be able to provide you with better answers.

Have you tried talking it over with anyone, like your supervisor and telling them that youre having trouble getting a job?

Have you reported any of the bullying etc to anyone higher up? Was anything done about it? Was it recorded? (ie to provide evidence that you told them about it and nothing was done?)

Try not to get too down about it, im sure there will be a light at the end of the tunnel...

x

[emi38]

I hate to say it, but I presume that the LSC will be quite stringent when it comes to recouping the money they have spent on your PSC. I've researched the PSC costs myself (as my employer - a large charity- is considering offering me a TC) and found that they are in the region of £1000-1500.

I assume that your TC was funded by the relatively new LSC grants to legal aid franchises who want to offer TC's? If that is so, then their funds will have been limited and if they can recoup the money I suspect they will try. It's just an opinion though, not based on any inside knowledge of the LSC!

What i will suggest is to write speculative letters to all local (and further affield if possible) firms offering legal aid and your specialisation. Keep a record of who you write to and this can be shown to the LSC to prove you have made an effort to find a job other than searching the web.

I doubt very much that many legal aid firms can even afford to advertise on these sites (they are not free!!) so you are unlikely to find a firm on them anyway! Speculative letters will show your wililngness to work in legal aid and that is a rarity now so they should snap you up!

You didn't mention lawcareers.net - they have legal aid firms on there sometimes (and i have seen housing firms on there as well).

good luck!

[SweetLola]

PAY THE MONEY

Your complaint isn't so much about your current firm as it is the fact that you dont want to keep working for within the LSC.

If you get a Job outside the LSC ...then pay the money ...at least it will go back towards funding some other aspiring solicitor, and helping them through financial hardship.

You should check with the LSC .Im very sure they wont expect it all back at once and will be willing to let you pay it back in instalments. As a fully qualified solicitor ...Im sure it wont kill you to put something back into teh system.

[amiles]

...although the firm have treated me badily and i have recieved no supervision, i have always wanted to be a PI or at least be involved in Civil Litigation.

If i were to be offered a decent Civil Litigation role fighting for those who find it difficult to access justice (ie LSC qualifying clients) i would jump at it...but if i get a good PI private practice role (there is currently one pending for me which i interviewed for friday) i be equally eager - THERE LIES THE ISSUE AND THATS WHY YOU HAVE HIT THE NAIL ON THE HEAD...

Its just that my boss is a git and has contributed so little (£4Kpa) towards my salary( the rest by LSC) yet he reaps the profits in from my 7 hour daily billing.. iwish he was asked to pay the LSC back...although i dont think that will happen.

Thanks for your words - you are spot on!

A newbie x

[emma watson]

Hi

Is there any chance that if you go in to private practice - the new firm may be willing to pay for your PSC- if you explained that you may be required to pay for it. It never hurts to ask?

Good luck

[paul]

Speak to the Law Society. My understanding is that Firms must pay the PSC fees. If you pay the money back, then the firm havent technically fulfilled this obligation. It's worth a call.