Blind faith

Blind faith in your lawyer is not only unwise, it simply does not work: you need to own (and so understand) your deed (what you are doing) – if, for instance, you sign a Will without understanding it, it is not your deed and is not effective. This is why clarity is important. Don’t believe a lawyer who says, “Don’t worry about it – trust me that this document means...
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Taking on a new business lease?

The commercial property market seems to be picking up, and I have had a spate of instructions to act for tenants taking on new, short business leases.  Often, they come to me with “heads of terms” proposed by the landlord’s letting agent, and which they have meekly accepted as though carved in stone, missing the best opportunity to get the lease on favourable – or, at...
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What is a lawyer?

Since I ceased to practise as a solicitor – and have explained that to people – it is clear they are baffled by the different types of lawyers and the distinctions between them. To start, I reckon that anyone who earns their living in the law, whatever specific lawyer they are, is “a lawyer”: judges, barristers, solicitors, legal academics, licensed conveyancers, legal...
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NEW COMMERCIAL LEASES – some fundamental principles to consider

All the terms in a new commercial lease are usually negotiable and, therefore, flexible.  However, the extent to which any terms are negotiable depends on various factors:  the background of competition, market forces, the particular circumstances each landlord and tenant and the financial standing of the tenant.  Ultimately, just as in any other market sector, it is supply and demand that...
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Non-reasons for the change of direction

Since my previous blog on our change of direction, several people have suggested that I should make it clear that the change of direction is not due to any other factors except the sheer unaffordability of professional indemnity insurance (PII) cover: the premium I was expected to pay was £110,000 which, on a turnover of £250,000, was simply unaffordable. The whole PII system seems crazy: while...
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A change of direction for Nelsons

From the beginning of January 2014, we will be concentrating on the following areas of work: •    drafting, analysing and advising on commercial leases •    commercial transactions not involving the sale or purchase of property •    company work, including acquisitions and disposals •    drafting terms and conditions of business •    residential tenancy advice work •    preparation of Wills and...
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Latest company update from Nelsons

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