Client care at GoodyBurrett

Client care at GoodyBurrett

Client care at GoodyBurrett

Client care is so important to us here at GoodyBurrett. Not only is it the right thing to do and we want to keep our clients happy, but there are also Statutory Requirements in relation to client care.

Delivery – We want to ensure that at the end of your matter, we arrive at the final outcome having kept our promises to you, our client.

Timeliness – We strive to do everything in a timely manner. If we are going to face delays due to outside influences beyond our control, you will be kept informed.

Keeping you informed – We will always provide you with comprehensive and accurate information in relation to your matter as and when we receive it.

Professionalism – Your matter will be dealt with by staff that are competent, knowledgeable, professional and client focused, who have a thorough understanding of your matter.

Staff attitude – All of our staff are approachable, friendly, and understanding of your needs. We will assist you in an open and transparent way.

At GoodyBurrett we have our Golden Principles:

# PUT YOURSELF IN THE CUSTOMER’S SITUATION – Have compassion and try to understand what the client is going through whilst remaining objective.

# FIND THE REAL ISSUE AND WHAT THE CLIENT NEEDS – Good communication skills are paramount along with the ability to listen to your client and really understand what the real issue is for them.

# INVOLVE THE CLIENT IN THE ANSWER – Talk to your client and understand their goals and outcomes.

# ACCEPT ACCOUNTABILITY – If there is a problem or an issue, personally deal with the problem as soon as you are aware of it.

# FOLLOW UP – if there has been a problem or an issue arise, once resolved, always make sure you check that the client is now satisfied.

In the words of Bill Gates,“ Your most unhappy customers are your greatest source of learning”. If we do not know what is wrong, we can’t fix it and learn from it. However, if we do not know what is right, we can’t do more of it. If there is something you are unhappy about, we need to hear from you to enable us to solve the issue. BUT … if there is something we are doing great, please do shout out to us and let us know, we’d love to hear from you too.

We are always here to help.  You can contact us via email [email protected] or call us on 01206 577676.

We are always here to help

Contact GoodyBurrett on 01206 577676 or email [email protected]

The first blogger in Britain to be sacked from his job

The first blogger in Britain to be sacked from his job

Human nature…..we just can’t help ourselves

A bookseller was the first blogger in Britain to be sacked from his job because he kept an online diary in which he occasionally mentioned bad days at work and satirised his “sandal-wearing” boss.

Joe G , 37, worked for Waterstone’s in Edinburgh for 11 years but says he was dismissed without warning for “gross misconduct” and “bringing the company into disrepute” through the comments he posted on his weblog.

In the US, Ellen Simonetti was sacked from her job as a flight attendant for Delta Air Lines after her bosses saw pictures of her posing in her uniform on her website, which recounted the adventures of an anonymous flight attendant who worked for “Anonymous Airline”.

Jessica Cutler, a 24-year-old secretary at a senator’s office who wrote about selling sex to officials in Washington under the online name of Washingtonienne, was outed on the internet and sacked from her job.

GoodyBurrett LLP once acted for a Company that dismissed a girl for posting comments about her job on Facebook.

Whilst employment law protects employees from all kinds of mischief it cannot protect them from themselves.

If you are looking for employment advice

Contact our Litigation team at GoodyBurrett on 01206 577676 or email [email protected]

The history of GoodyBurrett

The history of GoodyBurrett

History and Heritage of GoodyBurrett

People regularly ask for an indication of the date when GoodyBurrett was founded and whilst we have rooms and chests full of historical documentation stretching back to the 5thMarch 1650, being specific about the start of the firm has proved more challenging.  From the 1650’s and into the 1750’s lawyers tended to wear a number of hats and were heavily involved in politics, municipal appointments, charitable boards and religious affairs of the town.  The leading lawyers with GoodyBurrett were no exception. We tend to use Francis Smythies the elder to provide the most specific apostolic descent but given the plethora of papers deeds and documents that precede Smythies we believe we could be much older.  We had   believed the firm started with Jeremiah Daniel JP who practised between 1710 and 1760 and later, two of his sons, Samuel Daniel and Peter Daniel who were involved with his firm. We have documentary evidence that Samuel Daniel was appointed as Agent for the Sun Insurance Company on 1stApril 1737 However, Francis Smythies was a high Tory and eventual leader of the Conservative Party in Colchester and Peter Daniel was a Lion Walk Liberal and most of his Clients were non-conformists.  We  further understand that Peter Daniel went bankrupt in 1783 and 1789 and therefore it is unthinkable that he would have been a partner of Francis Smythies. We have a mortgage document on our wall prepared by Francis  Smythies dated 23rdSep 1785.   The relationship between Samuel Daniel and Francis Smythies may have been forged through Daniel Sutton’s decent but he did not join with Smythies until 1798    

Smythies began his Articles with Samuel Enau in 1760 paying the considerable sum of £160 for this privilege, whereas the usual fee at the time was approximately £20.  We have been advised that the large sum was paid with an understanding that Smythies was in effect a trainee and would in due course become a Partner.  Smythies was the son of the distinguished Palmer Smythies, Head of the Colchester Royal Grammar School and came from higher social standing than the usual trainee.  Samuel Enau was also no small-town  lawyer, but a leading Colchester and Essex figure as he was Clerk to the Peace, Town Clerk of Colchester and backed by the all-powerful Rebow family.  Smythies did not outlive Enau long, dying in 1798 but from 1797   he took on Daniel Sutton, son of Daniel Sutton, the distinguished pioneer of Smallpox inoculation (who deserves to be better known than Edward Jenner). 

On Smythies’ death Sutton went into partnership with Thomas Hedge, the son of a distinguished watchmaker until 1804 when he went to Tasmania where his daughter married the Premier of New South Wales, Sir Charles Culper. Smythies’ business was continued by his son, Francis Smythies II, and later his son Francis Smythies III . He took into partnership Henry Sidney Goody.  By 1835 the firm was called Smythies Goody & Goody as Henry Sidney Goody was joined by his son Clifford Goody.  Two other Goodys, Neville Goody and Sidney Goody also joined the firm in the late 1800’s. 

In 1904 the firm was joined by Francis Herbert Wetherall and changed its name to Goody Son & Wetherall.  Francis Smythies III had died on the 18thMay 1888.  On 1stAugust 1911 Henry Goody Junior became a Partner and the firm   occupied 62 North Hill, Colchester.  On the 24thJuly 1914 the Solicitors of Colchester played the Auctioneers and Valuers at a cricket match at Castle Park.  The photograph still sits proudly on our reception wall. 

Since 1924 there have been fourteen Partners.  Albert Bentley Joined The partnership in 1944 with Neville Goody and the firm changed its name once again to Goody Bentley. Albert was joined by his son Bernard in 1953.  In 1971 When Albert retired John Metcalf Jones became a partner and in 1995 following the death of Bernard Bentley,  John moved from 62 North Hill   to 12 St Peter’s Court and the firm was renamed Goodys.  We were too small for St Peters Court and so in 2005 we moved to St Martin’s House  our current building,  In 2007 we merged with Budd Martin Burrett and formed an Limited Liability Partnership GoodyBurrett LLP

St Martin’s House was built in 1733 for Dr Richard Daniel who hails from the same family as Jeremiah Daniel, Sam Daniel and Peter Daniel and therefore we believe we have now returned to the family home, albeit some 280 years later. So how old are we….well maybe 1stApril 1737 at least, but we are working on it……282 years….

If GoodyBurrett can help with any of your legal needs

Please contact us on 01206 577676 or email [email protected]

Five Reasons to Have A Shareholders Agreement

Five Reasons to Have A Shareholders Agreement

We work with many companies in putting together Joint Ventures and setting up businesses where there is more than one shareholder.  Unfortunately, we also spend a moderate amount of time assisting shareholders who have fallen out with each other.  Where shareholders fall out the position is made substantially more complicated, and expensive to resolve, when a Shareholder Agreement is not in place. We set out below five key reasons why you should consider putting in place a Shareholders Agreement for your business.

  1. Shareholders Sometimes Fall Out

When a business launches, the shareholders are almost always in alignment with each other.  The enthusiasm for taking a new business venture forward very often means that the shareholders will not give any consideration to what might happen if they fall out with each other and stop agreeing with one another. 

Where a company is owned 50/50 between two shareholders, if they stop agreeing with each other the company can very quickly find itself in a deadlock situation.  In such circumstances the business of the company can quickly grind to a halt.  A Shareholders Agreement assists by providing a pre-agreed mechanism for resolving any such deadlock. 

Where you have more than two shareholders, it is sometimes the case that multiple shareholders gang up against a minority shareholder and take decisions that they do not agree with. A Shareholders Agreement can protect all parties by ensuring that certain key decisions can only be carried through with unanimous consent. 

  1. Protection for Minority Shareholders

Any shareholder that owns 51% or more of the company essentially has control of that company. Subject to certain limitations that are set out in the Companies Act 2006, that shareholder can essentially run the company as they see fit.  A Shareholders Agreement can protect against this by requiring that all parties must agree on certain matters which otherwise may be prejudicial to one or more of the minority shareholders. 

  1. Business Direction

A Shareholders Agreement is an opportunity for the shareholders to set out how the business will be run and what each shareholder will be responsible for within the business. Setting out this type of matter at the outset ensures that shareholders share a clear and documented vision as to how the company will progress and what is expected from each of them.

  1. Controlling the Transfer Of Shares

Without a Shareholder Agreement a shareholder will not be restricted in relation to how they may transfer their shares.  A shareholder may not be happy with the prospect that their fellow shareholder could transfer their shares to any third party.  A Shareholders Agreement can ensure that all shareholders benefit from a right of first refusal.

  1. Resolving Disputes

Where a dispute does arise within the company, there is no default mechanism for resolving that dispute. Very often, where shareholders reach a stalemate or fall out, the matter will be referred to a Solicitor.  Legal proceedings can become expensive and generally will lead to a division between the shareholders increasing.  A Shareholder Agreement is a great opportunity to put in place a procedure for Alternative Dispute Resolution.  This can be Mediation or Arbitration.  Either way the mechanism usually acts to assist in getting the shareholders to find common ground.

The above are just five of the key reasons why we recommend that all companies that are owned by one or more shareholders put in place a Shareholders Agreement. 

Here at GoodyBurrett our team has over four decades of experience in advising companies and shareholders.  If you think that your company would benefit from putting in place a Shareholders Agreement, please get in touch for a no obligation discussion with either Stephen Avila or David Cammack from our business team.

For more information on Shareholders Agreements

Contact Stephen Avila or David Cammack from our business team on 01206 577676 or email [email protected]