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Posted By Robert S Woods
I have been asked to provide a presentation detailing the potential reciprocal business opportunities that could arise between solicitors and health and safety professionals.
The only opportunities I can see for the solicitors are if there’s an accident or prosecution where they can defend a client. For obvious reasons this is one I do not want to highlight.
If anyone can help with sensible suggestions I would be ever so grateful, as I can see the dark shadow of failure looming towards me at a rapid rate of knots.
Nay! lets have some not sensible ones as well. It might lift my gloomy mood.
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Posted By Catman
Hi Robert
I used to lean on a solictor heavily for employment law advice. The safety job inevitably throws up employment issues more so with DDA etc.
As I was answering a lot of the directors questions (with my secret solicitor in the background!!) on this stuff they used to ask more general employment law questions so I retained the solicitor for telephone advice and it was extremely helpful.
With long term occ related ill health problems they were without doubt a lifesaver on more than one occasion.
Cheers
TW
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Posted By Robert S Woods
Thanks for that, helps a lot.
More suggestions or examples anecdotes still welcome.
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Posted By Christian
Hi Robert
Sorry to give you bad news, but after promoting Health & Safety solutions for 6 years, mostly through intermediaries (other consultants, insurance brokers, solicitors), I must say that solicitors generally were not interested in keeping their clients out of court and claims, but at same time were happy to sell packaged, generic insurance backed (criminal prosecution defence) safety services. funny bunch really -money motivated, but has to be big sums as they already make a mint
try Daniel Black at Albion legal services, he's currently selling HR and safety services through solicitors very successfully
good luck
christian
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Posted By Robert K Lewis
Robert
The ability of law firms to synergise with a range of organisations in many different ways is often overlooked. It does depend on the precise structuring of the firm though. This could typically include due diligence, non-contentious advice etc.
We can talk off-line if you wish to email me>
Bob
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Posted By Kieran J Duignan
Robert
'Catman' is right in highlighting the relevance of the divers interfaces between H & S and discrimination law: they're not limited to the DDA but also to many other areas include laws and regs about discrimination on the grounds of gender, age, sexual orientation, part-time and temporary employment.
As the penalties for proven discrimination tend to be much, much higher than for safety and health offences, savvy lawyers and employee reps tend to look for this angle in safety and health claims in order to present the strongest possible claim for damages.
If you'd like to read some case studies about the disrcimination/H&S interface that I've prepared for a workshop with ergonomics students, you can reach me at kieran@enabling-space.com
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Posted By Jeffrey Watt
Kieran
You raise an interesting point re discrimination paying out substantialy more than straight forward H&S cases. Megabucks are being spent on ramping every step (should have happened years ago)employers are really scared of having a discrimanatory image. Chop a guys leg off through bad management and that doesn't get you on GMTV.
It is almost as though discrimination indicates organisational conivance an intentional wrong whereas accidents suggest negligence an unintentional wrong. Public seem to see accidents as the lesser of the two evils?
Rob
I have been working in the same office as a barrister for the past 10months and the insight this gives on claims, rights of way and land ownership issues etc has been an education for me. Can't really think of any synergies though. Unfortuneately he has wised up and has decided to move on and triple his salary. He'll be back when he misses the free biscuits, mark my words.
Jeff
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Posted By Raymond Rapp
Robert
Ok a bit different. Case law and other precedents can, and arguably should, have an impact on a number of processes within h&s. Whilst I agree the law can be a strange beast, it would be a worthwhile exercise for h&s practitioners to browse through various case laws and either apply them to a practical problem or just use for theory. Does that make sense?
Try BAILII - Recent Decisions.
Ray
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Posted By DJ
As somebody who is dual qualified, I believe there are a number of areas where receiprocal arrangements can exist between solicitors and H&S practitioners.
Perhaps the most obvious ones for solicitors are things like interpretation of the law and case law, training and the drafting of documents.
H & S practitioners on the other hand bring a range of 'practical' tools to the table, particularly those relating to human factors, workplace skills, culture and the practical application of the law in a business setting.
Just my thoughts.
DJ
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Posted By Robert K Lewis
Jeff
We do get tied up with the mechanistics of the courts and legal intepretations whenever we think about solicitors and H&S. However as I pointed out earlier the contentious, ie court, work is not the whole picture. If you intend to purchase a factory or premise the two professions have a lot to offer each other in resolving the specific due diligence issues for either vendor or purchaser dependant on who is your client. If you are undertaking an investigation solicitors often have forensic skills in questioning that could be usefully learned by H&S professionals. Similarly negotiation and mediation skills have a significant legal background.
Bob
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