Meet the Lawyer - Tim Hotchkiss

TIM HOTCHKISS OVER TO YOU… 

TELL US A BIT ABOUT YOURSELF?

I am an Equity Partner of ABD based at and managing the firm’s Marlborough office.  I live in a village just outside of Marlborough with my wife and our baby son, who at the time of writing is 4 months old. 

WHAT AREA OF LAW DO YOU WORK IN?

I am based in the firm’s Commercial Department and have particular expertise in Development, Commercial Property and Agricultural Property as well as specialising in complex and high value Residential Property matters and Company Law.  I act for a wide range of clients locally and further afield, with a particularly strong portfolio of London property work. 

TELL US ABOUT YOUR JOURNEY TO THE LAW?

I started my career at ABD in September 2004 having deferred my place at the University of Nottingham where I was intending to study English.  Having always been interested in the legal profession, I felt that one year of work experience in a law firm would give me a solid foundation for potentially entering into a career in the legal profession once I had completed my academic studies.  

It was not long before I started researching other routes to qualification as a lawyer and I took the decision to enrol with the ILEX Tutorial College with a view to becoming a Fellow of the Institute of Legal Executives (FILEX).  After completing academic studies stretching over a 5 year period, I qualified as one of the youngest legal executives in the country during my mid-20s.  I was particularly proud of this achievement having undertaken a programme of part-time studies whilst running a full caseload in ABD’s Litigation Department.

I quickly decided to investigate the route to progressing to qualify as a solicitor.  I was advised that I had to undertake the Graduate Diploma in Law (GDL) in order to sit the Legal Practice Course (LPC).  I enrolled on the part-time GDL at the Leicester Institute of Legal Practice and completed the course with a Distinction. This enabled me to then enrol on the two year part-time LPC, again at the Leicester Institute of Legal Practice.  Having undertaken academic studies in law over a period of approximately 8 years, I was relieved to conclude the LPC and was delighted to be awarded a Distinction.  I qualified as a solicitor shortly after completion of the LPC. 

I became a Salaried Partner of ABD in 2016 and an Equity Partner in 2017.  

WHAT ARE 5 WORDS A CLIENT WOULD USE TO DESCRIBE YOU?

Logical – I am a firm believer in seeking to keep issues as simple as possible and always strive to provide clear advice to clients combined with sound reasoning. 

Efficient – I pride myself on providing an efficient service to all of my clients and have a strong team around me to ensure that such standards of service are always maintained. 

Diligent – ABD always seeks to recruit lawyers that are attentive, offer an excellent client service and have a constant drive to achieve our clients’ aims.  I am no different and firmly believe in this objective. 

Professional – There is no doubt that the law has changed over the years and that many of my clients prefer a more relaxed approach from their solicitor than perhaps once was the case.  That said, one must never forget the overriding duty of professionalism which is displayed by me and every other lawyer at ABD.

Tenacious – The transactions that I work on are often complex and there is always a danger of negotiations becoming protracted.  There is a certain tenacity in my approach to such transactions that clients would recognise, and which I believe is an important asset in getting a deal done. 

WHAT WOULD YOU SAY HAS BEEN YOUR CAREER HIGHLIGHT TO DATE?

As my colleagues will testify, I love my job and have had many career highlights to date.  Attending the Court of Appeal with Counsel on a case concerning the fiduciary duty of directors to avoid conflicts of interest is certainly up there in terms of my early experience. In recent times, I have derived particular satisfaction in dealing with a significant number of multi-million pound acquisitions of properties and development sites for well known developers and property investors both locally and further afield.  I am also particularly proud of the strong connection that I have forged with a number of property finance brokers based in and around London giving me access to a wide range of clients and contacts nationwide. 

WHAT/WHO INSPIRES YOU?

I thoroughly enjoy being involved in deal-making and achieving the best possible result from my clients.  It is particularly satisfying to be involved in complex transactions from their infancy and seeing them through to a successful conclusion.  This is certainly where I derive my inspiration from. 

WHAT DO YOU ENJOY TO DO OUTSIDE OF WORK?

I am a keen golfer and am always striving to lower my handicap (often unsuccessfully).  I also enjoy walking, particularly along some of the glorious South West Coast Path routes, cycling, and travelling to far flung destinations, although such adventures may have to be curtailed for the time being with a baby son now on board.  I enjoy watching most sports and am an avid Liverpool Football Club fan as well as a follower of Bath Rugby. 

WELCOME TO THE AWDRY BAILEY & DOUGLAS ‘MEET THE LAWYER’ SERIES

OLIVER GRAY - OVER TO YOU…

  

TELL US A BIT ABOUT YOURSELF?

I am commercial solicitor working in ABD’s Marlborough office. I have a particular interest in business law and always love a challenge.

WHAT AREA OF LAW DO YOU WORK IN?

I work primarily in commercial law, which incorporates both commercial property and corporate commercial matters (business law). I do also however undertake additional work in high value and complex residential property matters and certain areas of Data Protection Law.

TELL US ABOUT  YOUR JOURNEY TO THE LAW?

Even before I began my A-Level in Law, I knew that it was the career I wanted to pursue.

After leaving school I completed my Law Degree at the University of Plymouth. I then completed my Post-graduate Diploma in Legal Practice at Bristol Law School (University of West England). This was shortly before I came to work at Awdry Bailey & Douglas.

During my time at ABD I initially began training with both the commercial and litigation departments and, after undertaking litigation work for approximately 7 months, moved from ABD’s Devizes office to Marlborough to focus solely on commercial work. Alongside my work at ABD, I have also completed a Masters Degree in Advanced Legal Practice, focussing on complex and protracted contract disputes and contract formation.

  

WHAT ARE 5 WORDS A CLIENT WOULD USE TO DESCRIBE YOU?

Practical – There will always be a need to look beyond the purely legal aspects of a matter in order to find practical solutions. 

Realistic – I have found it very important to manage my clients’ expectations and, particularly when negotiating, this is important to ensure that a reasonable and realistic approach is taken. 

Modern – the law is ever changing and it is important not only to stay up to date with this, but in a more practical sense, to take advantage of technological advances such as electronic submissions and registrations to ensure efficiency and cost effectiveness.

Diligent – given the significance in law of matters as seemingly insignificant as the type of punctuation used, I take a meticulous approach to my work.

Positive – involving solicitors can be fairly daunting, even for regular clients. I always try to keep a positive outlook and to inspire the same in my clients.

WHAT WOULD YOU SAY HAS BEEN YOUR CAREER HIGHLIGHT TO DATE?

My career highlights to date have certainly been my involvement in a number of very high value cases, both for company purchases and sales and in respect of development work on a number of sites in the UK. I found it immensely rewarding to be entrusted with such significant work and to have been able to undertake this alongside a team of hardworking and competent colleagues.

WHAT/WHO INSPIRES YOU?

Though a fictional character, I have always been inspired by Atticus Finch from To Kill a Mockingbird. I can recall reading an article in the Law Society Gazette whilst at university which extolled the virtues epitomised by Atticus Finch revolving largely around his patience, practicality, honesty and integrity.

WHAT DO YOU ENJOY TO DO OUTSIDE OF WORK?

Outside of work, I am a regular gym goer, hiker and have a particular interest in martial arts. I trained in Mixed Martial Arts for several years whilst at school, earned my black belt in Tae Kwon Do at 16 and continue to practice occasionally alongside my more recent interest in Aikido.

I am an amateur coleopterist (i.e. I collect and study beetles) with a particular interest in African flower beetles. I have been doing this for at least the past 5 or 6 years and have a formidable collection of Asian and African beetles. I have not however collected any specimens for over a year as I now prefer to photograph beetles instead.

I am also an avid reader and enjoy reading both fiction (generally fantasy) and non fiction (specifically Naval History) books.

Summer Ball 2018

ABD decided to do things a little differently this year, with a “Golf themed” Summer Ball.  The Ball was held at the picturesque venue of Wellington Barn with members of staff having the opportunity to test their crazy golf skills late into the night on the mini golf holes.  The winning team even managed to win a days extra holiday for their members of staff with other guests winning Amazon vouchers. 

Welcoming drinks were offered on arrival which were much needed after such a scorching day of sunshine. 

Once seated, the whole room engaged in a Charity Auction.  The following prizes/services were auctioned by Tom Paget and Alexander David and ABD are proud to announce that the auction managed to raise an outstanding sum of £515.00 for the fantastic charity that is the Starlight Children’s Foundation. 

There were some fun and great lots on offer:   

1. Tim Hotchkiss and Alexander David’s garden and cleaning service – offering a lawn       mowing and car cleaning service.
2. David Turley’s DIY – Dave has offered one whole day of his time to help out with those DIY jobs which you simply don’t get round to doing. 
3. Nicola Hunt - our resident artist unveiled an original artwork which was snapped up.
4. Alistair Everett in Fancy Dress  – Alistair shall be wearing a fancy dress costume around the Firm’s Chippenham Office or at the Firm’s Sport’s Day.

Stay tuned for future updates as the members of staff begin carrying out their chores and tasks!

Following on from the auction, all guests had the opportunity to win several luxury raffle prizes.  These included a trip for two to the Shard followed by a meal at Marco Pierre White’s City restaurant and Laurent-Perrier luxury pink champagne with two flute glasses. 

 All guests then indulged in a delicious 3 course dinner courtesy of Clever Chefs and went on to dance the night away on the dance floor. 

Many people also took advantage of the fun photo booth by ‘striking a pose’ whilst using various different props.

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Awdry Bailey & Douglas are proud to now be a Business Partner of WiRE (Women in Rural Enterprise).  

WiRE is a national business support network; promoting, supporting and developing its membership of rural businesswomen. Grown from an academic research project based in Shropshire, WiRE is now a national membership organisation, widely recognised as a dynamic and positive force within the economy of rural areas and as the voice of rural women’s enterprise in the UK.

Awdrys recently hosted a legal clinic for WiRE members covering aspects of Family, Employment and Commercial Law in order to provide members with a general overview of important considerations for business owners. Three members of the practice spoke:

• Georgina Catlin (Family Law) discussed the wide ranging topic of family law to include ways of protecting your finances      both pre and post separation/divorce;
• Jessica Arnold (Commercial Law) provided an overview of the various ways in which a business can be structured and discussed the key risks and benefits that individuals and companies should consider when deciding what business structure is right for them; and 
• Maxine Nutting (Employment Law) then talked about factors businesses and individuals need to be aware of in terms of whether their workforce or contractors may actually be considered employees and what that could mean for you from a legal perspective if something goes wrong.

Maxine Nutting from the Employment Team discussing the issue that 'workforce' and 'contractors' could potentially be considered as 'employees' in the eyes of the law

The Clinic also provided members with an opportunity to ask questions on an informal basis and many members took advantage of this opportunity.  

Following this, the group then enjoyed a cookery lesson hosted by The Farm Cookery School in Bromham and were able to feast on their creations over a networking lunch.

For further information about WiRE and their members please read our profile http://www.wireuk.org/members/georgina-catlin/

Family Businesses - Avoiding the Pitfalls

Twice in the last week alone, our Commercial Team have been asked to assist with problems involving family businesses. It can be extremely difficult for those involved and sadly the emotional stress can often result in family breakdowns. 

Frustratingly for us as advisors, it nearly always comes down to the same simple issues which are easily avoidable, so here are a few tips which you should follow:

1) Understand your duties as a director

It is quite common in family businesses for family members to be appointed as a director even though they may have little or no involvement in the business. This is often suggested by accountants for tax reasons. 

However, as a director it is essential that you know what is going on with the businesses on a day to day basis, especially where finances are concerned. Directors have certain duties and, in some circumstances, you may be held personally liable where those duties are breached. 

If you are a director of a family business:

• It is therefore essential that you understand your duties as a director and take them seriously. 
• Take the time to understand the finances of the business and make sure that obligations, especially to HMRC and the banks, are being met.
• If you are not able or willing to be involved, consider resigning, as personal liability cannot be escaped by pleading ignorance.

2) Be open

Family businesses often rely too much on trust, with people being left to their own devices without the checks you might expect in a normal organisation. When the business faces a challenge, this trust can become an enormous burden, often resulting in problems being covered up or understated, whilst attempts are made to fix the situation. 

Unfortunately the others may be unaware of the problems until debt recovery letters arrive, perhaps from a supplier, HMRC or even the bank looking to repossess the family home. By this point it is often too late to save the business and sadly, the sense of betrayal can lead to the breakdown of the family relationship too. 

To avoid this:

• Meet regularly to review the finances and ensure obligations are being met. 
• If there are problems, share them. There is more chance of a successful outcome if everyone is working on a solution. This is the benefit of having a board of directors.
• Implement checks to ensure that tasks are carried out properly and do not leave important jobs to one individual 

3) Agree it, document it

Family members often come to arrangements between themselves that are not documented. This may take the form of a loan or the transfer of shares and property. Because of the close family relationship, people often feel it unnecessary to document the arrangement and, 9 out of 10 times there will be no issues. 

However, what if the unexpected happens? How do you prove whether the transfer of money was a repayable loan or a gift, or that money paid was actually consideration for a property which has yet to be transferred? This can become a big problem in the event of divorce or death as it may have a significant affect on the distribution of assets. 

It is therefore important to take advice and document agreements properly. This may also provide important evidence when it comes to paying tax. 

4) Tell your advisors everything

Finally, there is no point seeking advice unless you tell your advisors everything. Accountants and solicitors can often help, but only if we know the full picture and understand precisely what you are trying to achieve. By withholding information you can create big problems. 

This was the case recently where we advised on a family situation. Money had been spent on taking advice from an accountant and a solicitor but both had been told one thing, whereas the family had actually agreed completely different terms behind closed doors. 

The tax saving they thought they had made paled into insignificance compared to the liability for other taxes they had not considered. Furthermore, following the death of one director, the others then disagreed over the term of the deal they had made and, because the terms agreed were completely different to the terms recorded in the documents, the agreement could not be enforced. 

No doubt the advisors could have found a solution that worked for everyone had they been given the full details and significant tax liabilities could have been avoided.

SUMMARY

Whilst these examples may seem unlikely, they will be all too familiar to those of us advising family businesses on a regular basis. 

By understanding your obligations, meeting regularly, sharing problems, documenting agreements and taking proper advice, you may reduce stress, save money and grow your business all without risking the most important thing, which is the relationship with your family. 

If you require advice on any of these issues please get in touch with Tom Paget in our Commercial Team on 01380 722311.

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