Samantha Spain is based jointly at Switalskis’ Huddersfield and Sheffield offices, and advises clients across Yorkshire and the Midlands.
Samantha Spain specialises in assisting her clients with the management of compensation received from Clinical Negligence and Personal Injury claims, as well as providing legal advice on matters in the Court of Protection relating to property and affairs. She also has particular expertise in advising clients in relation to Statutory Wills.
As an Associate Solicitor in the Court of Protection and Clinical Negligence team, Samantha utilises her expert knowledge and skill, along with her sensitive, personal approach, to provide legal help to her clients who often have complex needs due to the injuries they have suffered, including severe brain injury.
Samantha also offers litigation support services for external Personal Injury firms, including providing expert litigation support statements to evidence and support Court of Protection or Trust management costs.
Samantha has worked in the legal profession since 2007, joining the Switalskis team in June 2015. She was appointed Vice President of the Huddersfield and Dewsbury incorporated Law Society in December 2017.
We asked Samantha:
Q: What does your role involve?
A: Working alongside Personal Injury and Clinical Negligence specialists, I assist clients to identify the best possible legal arrangements within which damages received from personal injury and clinical negligence claims can be managed, whether that is a Court of Protection Deputyship or Personal Injury Trust, or another appropriate arrangement. I also assist with providing evidence in support of interim payments and managing settlements on the client’s behalf throughout litigation, and beyond.
In order to ensure that a client’s damages are constantly reviewed alongside changes in their circumstances, I also provide legal help with ongoing damages management. This can include setting up care and therapy packages, arranging investments, conveyancing matters, employment contracts and disputes, as well as maintaining ongoing relationships with the clients and their families.
I am the main point of contact for Statutory Will applications for clients who have lost mental capacity and do not have a will, and I have experience in lay deputyships for clients who want to act as financial representative for a family member who has lost capacity to manage their own affairs, but do not have a power of attorney.
Q: What do you enjoy most about your job?
A: The variety of people that I am able to work closely with and seeing the progress of my clients throughout their rehabilitation. Due to the nature of this work, the relationships with clients are long term and it is great to share their achievements with them.
Q: What can clients expect from you?
A: Honesty, approachability and integrity. I have a friendly approach, but am also tenacious in achieving the best results possible for my clients.
Q: What aspect of this area of law do find most interesting?
A: The main bulk of my caseload involves acting on behalf of people who have suffered a brain injury and require assistance with the management of damages from a resulting claim or who are the subject of proceedings in the Court of Protection.
No brain injury is ever the same, all of my clients are unique and wonderful.The application of the Mental Capacity Act is never black and white and as the client’s condition and circumstances change so does your application of the law, it is a constant consideration.The nature of COP work means that we work alongside the client and their families long term and get to see them flourish following rehabilitation and how settlement funds are used to provide them with the best quality of life possible.
Q: What did you want to do when you were a child?
A: I know it’s a cliché but I have wanted to be a lawyer for as long as I can remember. I had my first job in a law firm at 14 and used to spend all of my school holidays filing and typing transcripts!
Q: What are your interests outside of work?
A: I am a regular gym goer and enjoy yoga. I enjoy travelling and seeing the world.
Football is another of my keen interests; I’m an Arsenal fan and like to attend the Emirates a few times a season (I have even had a tour with Charlie George).