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OC, I seem to remember that you have commented on smart alec lawyers not helping cases in the past. I'm not asking about these specific lawyers of course , but what is your view on the more specialist ones and how effective they are please?

 

I understand if you feel commenting is wrong, just thought it might help the OP if you can share any experiences.

 

HB

 

 

 

Hi HB,

 

You are right, I don't believe it would be right for me to comment on specific companies, but I can say that I have had experience of receiving representation from a great many Solicitors over many years and it is true to say that the vast majority have no specialist knowledge of railway law. A few do and it does make it very much simpler to correspond with someone who will be fully aware of the responsibilities of both parties at the outset and of the relevant legislation.

 

That said, the process of giving a truthful explanation of what occurred, offering an apology and giving an undertaking not to repeat the alleged offence, at the same time as asking whether an out of Court disposal can be achieved, should not be beyond the ability of most reasonably literate and confident individuals.

 

It just takes a little care to stick only to the facts of what happened, leave all emotion aside and be entirely truthful.

 

There is never any obligation on the prosecutor to accept an offer of out of Court disposal and it is certainly not true to say that engaging a Solicitor will always mean that the case does not get to Court.

 

If the offence is considered serious enough it may quite often be the case that a Solicitor can only advise a client to plead guilty and then, on behalf of that client do his/her very best to minimise the penalty by speaking on behalf of that client at Court.

 

For the individual who is completely at a loss to understand what is going on, seeking legal advice is a very good idea. It may be that they will accept that they will have to pay a high cost to use the expertise of that lawyer in order to deal with the case on their behalf and whilst a good criminal law specialist, particularly one who is well-versed in railways legislation might achieve a prompt resolution without Court action, there is never a guarantee that will be the case.

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