"Gang" does not mean the same thing as "organised criminal group"
Getting in touch
In the first instance, we are often contacted by associates or close family members of senior members of motorcycle clubs. It is common for the engaged client to communicate with lawyers through these associates or close family members - we will call these people "intermediaries".
If you are using an intermediary to communicate with your legal professionals, then we will need written consent to discuss all matters related to your representation with your intermediary/intermediaries. We prefer that you have one intermediary only, because we can sometimes experience miscommunication when we are receiving instructions (second hand) from more than one person: this is especially so if the engaged client is detained (whether on remand or sentenced) and is heavily reliant on intermediaries to provide his lawyers with frank instructions and information.
Note: never provide sensitive information to your lawyer over a prison phone call.
Note: never provide sensitive information to your friend or family member over a prison phone call.
If you are using an intermediary to communicate with your legal professionals, then we will need written consent to discuss all matters related to your representation with your intermediary/intermediaries. We prefer that you have one intermediary only, because we can sometimes experience miscommunication when we are receiving instructions (second hand) from more than one person: this is especially so if the engaged client is detained (whether on remand or sentenced) and is heavily reliant on intermediaries to provide his lawyers with frank instructions and information.
Note: never provide sensitive information to your lawyer over a prison phone call.
Note: never provide sensitive information to your friend or family member over a prison phone call.
information of note
1. Private counsel first and foremost. If you require legal aid we will recommend legal aid barristers to you who we think are good and are a 'fit'. Jessica Matheson of JM will generally determine who is a 'fit' on a case by case basis. Jess tends to be relatable and well liked by our clients, and clothed in Versace, but more importantly, she is experienced with proceeds of crime advisory (out of court) and counsel (in court) to senior members of clubs.
2. Legal Aid and costs. Unless you are in receipt of legal aid, you will not have an 'immunity' or shield (partial or full) to cost orders being made against you in the High Court. Costs are a normal and ordinary part of civil litigation. Criminal Proceeds defence is civil litigation, it is completely different to criminal defence procedure and law. There is a general formula for how we work out costs under the High Court Rules 2016. You might like to check out our Costs page which provides all clients with a general explainer on the civil costs regime. If you need further explanation or have any questions or concerns, just let us know.
We like to take a cautious and conservative approach to costs, so we advise all private clients to have a buffer of funds available to pay an adverse costs order if needed. This is particularly so if your matter raises controversial aspects or our defence is considered to be test litigation. Remember, there are no guarantees in Court or in any litigation. We put our evidence before the court, the Commissioner puts his evidence forward to, we argue over how the law applies to the facts, and then a High Court Judge makes a decision on the facts and law before him. There is no jury like in criminal law.
3. Work flow between client and lawyer. In the civil jurisdiction, you need to accept there is much paperwork that lawyers and yourselves will need to review and work on. We need to work together as a team of lawyers and clients. Evidence is given by affidavit generally and you can expect the police will make "further enquiries" regarding property ownership, provenance (how the property came to be in a person's hands), and they will review your IRD and banking records at the very least. The police will test your evidence as the proceeding goes.
Further, in civil, our burden of proof is the "balance of probabilities". This burden simply asks 'what is more likely than not', rather than the criminal burden of 'beyond reasonable doubt'. So, we have a perfect storm of (1) the police doing continual investigation on your property and alleged property ownership arrangements, and (2) the burden of proof the police need to meet is very low. We can meet this challenge against Police, easily, but it requires you and your witnesses to be cooperative and constructive with the work we need to do.
4. We can only move a case forward with a client's instructions. If we send an important email to you, and we do not hear back from you for weeks (or months), then court deadlines may pass, and we may lose any opportunity to make a difference in your case. We see this time and time again and it is not a good situation for anyone. Let us know asap if something comes up that is going to make it difficult for you to meet a court deadline or a lawyer imposed deadline.
5. Communication is key. We work with (what we call) progressive and accessible lawyers. These are barristers and solicitors who are willing to test principles and patience for the benefit of our client groups. These are barristers and solicitors who know how to use apps and text messages, and it is not beneath them to answer a text message after 5pm! Forget what you have experienced with the 'old man' barristers (and we say that with love and respect). Here, we encourage regular communication and a professional, but relatable, litigation team environment. (And if a lawyer happens not to be so communicative or respectful, give us the word, and we will send them on their way, with a replacement lawyer just behind them)
2. Legal Aid and costs. Unless you are in receipt of legal aid, you will not have an 'immunity' or shield (partial or full) to cost orders being made against you in the High Court. Costs are a normal and ordinary part of civil litigation. Criminal Proceeds defence is civil litigation, it is completely different to criminal defence procedure and law. There is a general formula for how we work out costs under the High Court Rules 2016. You might like to check out our Costs page which provides all clients with a general explainer on the civil costs regime. If you need further explanation or have any questions or concerns, just let us know.
We like to take a cautious and conservative approach to costs, so we advise all private clients to have a buffer of funds available to pay an adverse costs order if needed. This is particularly so if your matter raises controversial aspects or our defence is considered to be test litigation. Remember, there are no guarantees in Court or in any litigation. We put our evidence before the court, the Commissioner puts his evidence forward to, we argue over how the law applies to the facts, and then a High Court Judge makes a decision on the facts and law before him. There is no jury like in criminal law.
3. Work flow between client and lawyer. In the civil jurisdiction, you need to accept there is much paperwork that lawyers and yourselves will need to review and work on. We need to work together as a team of lawyers and clients. Evidence is given by affidavit generally and you can expect the police will make "further enquiries" regarding property ownership, provenance (how the property came to be in a person's hands), and they will review your IRD and banking records at the very least. The police will test your evidence as the proceeding goes.
Further, in civil, our burden of proof is the "balance of probabilities". This burden simply asks 'what is more likely than not', rather than the criminal burden of 'beyond reasonable doubt'. So, we have a perfect storm of (1) the police doing continual investigation on your property and alleged property ownership arrangements, and (2) the burden of proof the police need to meet is very low. We can meet this challenge against Police, easily, but it requires you and your witnesses to be cooperative and constructive with the work we need to do.
4. We can only move a case forward with a client's instructions. If we send an important email to you, and we do not hear back from you for weeks (or months), then court deadlines may pass, and we may lose any opportunity to make a difference in your case. We see this time and time again and it is not a good situation for anyone. Let us know asap if something comes up that is going to make it difficult for you to meet a court deadline or a lawyer imposed deadline.
5. Communication is key. We work with (what we call) progressive and accessible lawyers. These are barristers and solicitors who are willing to test principles and patience for the benefit of our client groups. These are barristers and solicitors who know how to use apps and text messages, and it is not beneath them to answer a text message after 5pm! Forget what you have experienced with the 'old man' barristers (and we say that with love and respect). Here, we encourage regular communication and a professional, but relatable, litigation team environment. (And if a lawyer happens not to be so communicative or respectful, give us the word, and we will send them on their way, with a replacement lawyer just behind them)