M&S PROFILE: Martin Holdsworth

Martin Holdsworth, partner at Jones Myers LLP, is a contentious probate lawyer in Yorkshire.

What was your route into the profession?

I fell into law quite by accident. I had an offer to study astrophysics at university but changed my mind and deferred for a year—during which time my dad insisted that I work (no gap year for me). I became a driver at my local high street law firm for a trainee solicitor who didn’t have a licence and needed to travel to court most days. I did well and was offered a job before I achieved my law degree. Nine years later I was a partner and the journey is ongoing—thanks dad!

What has been your biggest career challenge so far?

My work always presents exciting and challenging cases to resolve. Some of them sound like Agatha Christie plots—varying from widows forging wills to disinherit step children (and being jailed for doing so)—to situations involving two families being run in parallel by a man who managed to keep both secret from each other until his untimely death.

Every case is unique and, despite the readiness of many to assume that will disputes are about money, they run far deeper than that. Family ties go back generations and issues flood out in the form of inheritance disputes—the emotional fallout from which can be challenging to manage.

Which person within the legal profession inspires you most?

He doesn’t know this but probably David Salter at Mills & Reeve, who was representing the other party in a family case when I was newly qualified lawyer, and suggested we meet to discuss it. David knew his case inside out and it was a defining moment: here was a skilled lawyer who could litigate, but chose not to because he wanted to resolve the case through talking. His approach was effectively mediation way ahead of its time—it was resolved amicably and with a fair settlement.    

If you weren’t a lawyer, what would you choose as an alternate career?

I’d combine my passion for mountains and Scotland and be happy as a mountain guide.

Who is your favourite fictional lawyer?

Currently I would say Harvey Specter from Suits—lots of reasons but mainly for his wardrobe.

What change would you make to the profession?

Specifically, a law that gives cohabiting couples comparable rights to married people when their partner dies. At the moment, unless their deceased partner has made a will providing for them, the survivor stands to receive nothing—which forces them down the litigation route to remedy their loss at a time when they are recently bereaved.

Generally, the rapidly reducing access to affordable justice is a problem that is escalating at a frightening pace. To issue a claim over £200,000 or more now requires payment of a court fee of £10,000. The average divorce cost per party is apparently £13,500 and perhaps no surprise that 52% of individuals are now representing themselves in court on family matters. Access to affordable justice, with guiding legal advice when it is needed most from appropriately qualified legal advisors within a forum that promotes mediation with the fall back of judicial determination, must be the tenets of an effective solution. The court is working on one solution through online courts and I have no doubt that legal innovators will create their own solution to meet the growing demand. Those entering the legal profession need to be effectively warned and trained to enable them to thrive at a time where the old rules of legal career development simply no longer exist.

An example of how we are meeting these challenges in the family dispute sector is our innovative, entrepreneurial start up www.resolvedivorce.co.uk, the only online divorce solution—and non-law firm—that enables spouses to manage, and conclude, their matrimonial financial disputes online—a guaranteed binding settlement or award for a guaranteed fixed price with everything a couple need to maximise the chances of a resolution that helps the family long term.

Nominations for the Halsbury Legal Awards 2016, in association with NLJ, are now open. Visit the site to view all the categories and enter online. #Halsbury2016