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Appointing a Solicitor.


Choosing a Solicitor

People choose solicitors for many reasons. A friend may have recommended a firm, have an office near their home or workplace, appear prominently in an online search or offer an attractive initial price.

These can all be relevant considerations. Still, they should not be the only basis for choosing a solicitor. The most suitable firm will normally be one with the appropriate experience, a clear understanding of your objectives, transparent costs and a service that matches the urgency and complexity of your case.

Before instructing a solicitor, consider contacting several firms so that you can compare their experience, proposed approach, costs and availability.

Check That the Solicitor and Firm Are Regulated

Before providing confidential information or transferring money, check that the solicitor and firm are genuine and appropriately regulated.

Most solicitors and law firms in England and Wales are regulated by the Solicitors Regulation Authority, commonly called the SRA.

You can use the SRA Solicitors Register or the Law Society's Find a Solicitor service to check:

  • whether an individual is admitted as a solicitor;
  • whether the solicitor currently holds a practising certificate;
  • whether the firm is authorised;
  • the firm's official contact details;
  • the address of its recognised offices;
  • the types of legal services it provides;
  • any conditions placed on an individual's practice; and
  • certain regulatory or disciplinary information.

Do not rely solely on contact details contained in an unexpected email, social media message or payment request. Fraudsters may copy the name, branding and details of a genuine law firm.

When you are asked to transfer money, verify the bank details using an independently obtained trusted telephone number. A genuine firm should not object to reasonable identity and payment-security checks.

Choose Experience Relevant to Your Matter

Law is divided into many specialist areas. A solicitor who is highly experienced in one field may have limited experience in another.

Ask the firm:

  • how frequently it handles cases like yours;
  • whether the person dealing with the work specialises in law;
  • how long they have worked in that area;
  • whether they have dealt with similar facts or legal issues;
  • whether they normally act for people in your position;
  • whether court, tribunal or negotiation experience may be required;
  • whether any specialist expert, barrister or adviser may be needed; and
  • what potential difficulties they can identify at the outset.

Experience should be relevant to the specific problem rather than based solely on the firm's size or general reputation.

Find Out Who Will Deal with Your Work

The person you initially speak to may not be the person who will conduct the case.

Before instructing the firm, ask:

  • who will have day-to-day responsibility;
  • whether that person is a solicitor, legal executive, paralegal or trainee;
  • who will supervise the work;
  • whether different people will deal with different stages;
  • who will attend any hearing or important meeting;
  • how easily you can contact the person responsible; and
  • what arrangements apply during absence, illness or holiday.

Work may properly be delegated to junior lawyers or paralegals under appropriate supervision. This can help control costs, but the arrangement should be explained clearly.

Where possible, speak to the proposed case handler before deciding whether to instruct the firm.

Discuss Your Objectives

A solicitor cannot advise effectively without understanding what you want to achieve.

Your objective may be to:

  • complete a transaction quickly;
  • protect a business or property;
  • obtain compensation;
  • defend a claim or allegation;
  • preserve a relationship;
  • avoid court proceedings;
  • reach a negotiated agreement;
  • challenge a public-body decision;
  • prepare documents for the future; or
  • obtain an urgent protective order.

Ask the solicitor whether your preferred outcome is legally and practically achievable, what alternatives exist and what risks may affect the result.

A competent solicitor should give realistic advice rather than guarantee success.

Ask What the Solicitor Will Do

The scope of the solicitor's work should be agreed at the outset.

Ask whether the solicitor will:

  • advise on the legal position;
  • review relevant documents;
  • correspond with another party;
  • negotiate a settlement;
  • prepare a contract, application or court document;
  • obtain evidence;
  • instruct a barrister or expert;
  • conduct advocacy;
  • deal with an appeal or enforcement; and
  • advise on connected tax, financial or regulatory issues.

You should also understand what is excluded. A limited retainer may cover only a defined task rather than the entire matter.

Understand the Advice and Proposed Strategy

At an initial meeting, the solicitor may not be able to provide a definitive opinion without reviewing the documents or obtaining additional information. They should nevertheless be able to explain:

  • the main legal issues;
  • the immediate steps required;
  • important deadlines;
  • the likely procedure;
  • the evidence that may be needed;
  • the principal risks;
  • possible outcomes;
  • alternatives to court proceedings; and
  • the approximate timescale.

Ask questions where legal language, costs or procedure are unclear. You should understand the advice sufficiently to make informed decisions.

Compare Legal Costs

Solicitors may charge in different ways depending on the type and complexity of the work.

Possible arrangements include:

  • a fixed fee;
  • an hourly rate;
  • a staged fee;
  • a capped fee;
  • a monthly retainer;
  • a conditional fee agreement, sometimes called no win, no fee;
  • a damages-based agreement;
  • legal aid where available; or
  • funding through legal expenses insurance or another organisation.

The lowest quotation is not necessarily the lowest total cost or the best value. A quotation may cover only a limited stage and exclude additional work, taxes or third-party charges.

Questions to Ask About Fees

Ask:

  • is the price fixed or estimated;
  • what work is included;
  • what work is excluded;
  • which person's hourly rate will apply;
  • whether VAT is included;
  • what payments may be required in advance;
  • what third-party expenses may be payable;
  • how often invoices will be issued;
  • whether costs will be updated as the matter progresses;
  • what happens if the work becomes more complicated;
  • whether the fee is payable if the matter does not proceed; and
  • whether another party may be ordered to pay or recover legal costs.

Disbursements and Other Expenses

Disbursements are payments made to third parties for legal work.

They may include:

  • court or tribunal fees;
  • Land Registry fees;
  • search fees;
  • expert fees;
  • barristers’ fees;
  • medical reports;
  • valuation fees;
  • process-server charges;
  • translation costs; and
  • taxes or official registration charges.

Ask which disbursements are expected, whether they include VAT, and when they must be paid.

Request Written Costs Information

SRA-regulated solicitors must provide information about how their charges will be calculated and keep clients informed about costs as a matter progresses.

When a firm accepts instructions, it will normally provide a client-care letter, engagement letter or terms of business explaining:

  • who is acting;
  • the agreed scope of work;
  • the charging basis;
  • the estimated or fixed cost;
  • likely disbursements;
  • billing and payment arrangements;
  • the complaints procedure;
  • regulatory information; and
  • the circumstances in which the firm may stop acting.

Read these documents carefully before accepting the terms. Ask for clarification where the written information differs from what was discussed.

Published Price Information

SRA-regulated firms must publish price and service information on their websites for certain commonly used legal services.

Depending on the work offered by the firm, this can include areas such as:

  • residential conveyancing;
  • probate involving uncontested estates;
  • motoring offences dealt with in themagistrates'’ court;
  • employment tribunal claims for unfair or wrongful dismissal;
  • debt recovery for businesses;
  • licensing applications for business premises; and
  • certain immigration applications.

The published information should explain the basis of the charges, likely disbursements, the experience of the people carrying out the work and the principal stages involved.

Published prices are often examples rather than final quotations. The firm should provide cost information based on your actual circumstances before you instruct it.

Free and Reduced-Cost Initial Consultations

Some solicitors offer a free or reduced-cost initial consultation. Others charge their normal rate or a fixed fee.

Before booking, ask:

  • how long the meeting will last;
  • whether it is free or charged;
  • who will conduct it;
  • whether documents will be reviewed;
  • whether written advice is included;
  • whether the meeting is intended only to assess the case; and
  • what fee will apply if further work is required.

A free consultation does not always provide detailed legal advice. It may be used primarily to determine whether the firm can take the case.

No Win, No Fee Arrangements

Some litigation and compensation claims may be funded under a conditional fee agreement.

Before entering into a no win, no fee arrangement, ask:

  • what is meant by winning;
  • what fees are payable if the claim succeeds;
  • whether a success fee will be deducted from compensation;
  • what happens if the claim loses;
  • whether barrister or expert fees are covered;
  • whether insurance is recommended;
  • who pays the oopponent'scosts if applicable;
  • what happens if you reject settlement advice;
  • what happens if you end the agreement early; and
  • whether any third-party finance or referral arrangement is involved.

The phrase no win, no fee does not necessarily mean that the client has no financial risk in every circumstance.

Check for Legal Expenses Insurance

Before paying privately, check whether legal expenses insurance is included with:

  • home insurance;
  • motor insurance;
  • business insurance;
  • travel insurance;
  • a bank account;
  • a credit card;
  • a trade union membership;
  • a professional body; or
  • another membership organisation.

Policies may impose notification deadlines, panel-solicitor requirements and limits on the type or value of work covered.

You may have a right to choose your own solicitor at certain stages, but the position depends on the policy and the nature of the proceedings.

Legal Aid

Legal aid remains available for some areas of law, subject to the type of case, financial eligibility and the merits of the matter.

It may be available for certain cases involving:

  • criminal allegations;
  • domestic abuse;
  • care proceedings;
  • mental health detention;
  • mental capacity;
  • housing and homelessness;
  • community care;
  • immigration and asylum;
  • judicial review; and
  • other matters within the legal-aid scheme.

Not every solicitor undertakes legal-aid work. Ask whether the firm holds the appropriate Legal Aid Agency contract and whether your case appears eligible.

Communication and Availability

Poor communication is a common source of dissatisfaction even where the legal work itself is competent.

Ask the solicitor:

  • how communication will normally take place;
  • whether you will receive direct contact details;
  • how quickly calls and emails are normally answered;
  • how often you will receive progress updates;
  • whether there is an online case-tracking system;
  • who to contact in an emergency;
  • whether appointments can take place by telephone or video; and
  • how documents can be supplied securely.

Tell the firm about any preferred communication method or particular need at the start of the matter.

Location and Remote Legal Services

A solicitor's physical location may be important where:

  • frequent face-to-face meetings are required;
  • original documents must be delivered;
  • the solicitor needs local knowledge;
  • the matter involves a particular local authority or court;
  • a home, hospital or prison visit is required; or
  • you prefer to deal with somebody nearby.

For many matters, a solicitor can act effectively by telephone, email, secure portal and video meeting. The best specialist may therefore not be the firm closest to you geographically.

Consider whether local convenience or specialist expertise is more important for your particular matter.

Accessibility and Reasonable Adjustments

Accessibility is a practical and legal consideration rather than an environmental one.

Ask whether the firm can provide:

  • wheelchair or step-free access;
  • accessible toilets and meeting rooms;
  • a hearing loop;
  • British Sign Language interpretation;
  • documents in large print, audio or accessible digital formats;
  • telephone or video appointments;
  • home, hospital or care-home visits;
  • additional time for meetings;
  • communication through an authorised representative; or
  • another reasonable adjustment for disability.

A service provider must consider reasonable adjustments for disabled clients under equality legislation.

Language and Interpretation

Where English or Welsh is not your preferred language, ask whether the firm:

  • has a lawyer or employee who speaks your language;
  • can arrange an independent interpreter;
  • can translate important documents;
  • charges separately for language services; and
  • has procedures to ensure that advice is understood accurately.

Family members should not always be relied upon to interpret sensitive, confidential or technically complex advice.

Conflicts of Interest

A solicitor must not act where there is a prohibited conflict between clients or between the solicitor's interests and the client's interests.

The firm may need information about:

  • the other parties;
  • related companies;
  • witnesses;
  • family members;
  • earlier transactions; and
  • people who may have instructed the firm previously.

A conflict check may mean that a firm cannot explain in detail why it cannot act.

Do not delay approaching another firm where a conflict is identified, particularly if a court or statutory deadline is approaching.

Client Identification and Source-of-Funds Checks

Solicitors are required to verify clients' identities and carry out anti-money laundering checks in relevant matters.

You may be asked to provide:

  • a passport or driving licence;
  • proof of address;
  • information about the source of money;
  • bank statements;
  • evidence of savings, inheritance or sale proceeds;
  • details of beneficial ownership; and
  • information about another person funding the legal work or transaction.

These checks do not imply suspicion. They are part of the firm's legal and regulatory obligations.

A firm may be unable to act or receive money until satisfactory checks have been completed.

Law Society Accreditations

The Law Society operates accreditation schemes for firms and individual practitioners working in particular areas of law.

Examples include:

  • the Conveyancing Quality Scheme;
  • the Family Law Accreditation;
  • the Children Law Accreditation;
  • the Criminal Litigation Accreditation;
  • the Mental Health Accreditation;
  • the Wills and Inheritance Quality Scheme;
  • the Personal Injury Accreditation;
  • the Clinical Negligence Accreditation; and
  • other specialist schemes.

The scope and eligibility requirements differ between schemes. Some accredit an individual specialist, while others apply to the firm or a defined area of practice.

Accreditation indicates that specified standards have been assessed. It does not guarantee a particular outcome or mean that every lawyer at the firm personally holds that accreditation.

A solicitor without an accreditation may still have substantial knowledge and experience. Accreditations should be considered as one factor alongside experience, service, cost and suitability.

Lexcel

Lexcel is the Law Society's legal practice quality mark for client care, compliance and practice management.

Its standards cover areas including:

  • client care;
  • risk management;
  • people management;
  • financial management;
  • information management;
  • file and case management; and
  • the structure and strategy of the practice.

Lexcel accreditation is independently assessed and subject to continuing monitoring.

It is primarily an indicator of the firm's systems and management standards. It does not by itself prove that the individual solicitor has specialist expertise in your particular legal problem.

ISO and Other Quality Standards

Some law firms hold ISO 9001 or other external quality certifications.

ISO 9001 concerns quality-management systems across many types of organisation. It may indicate that the firm has documented and audited management processes.

It should not be automatically described as harder, better, or more legally significant than a Law Society accreditation. The schemes assess different standards for different purposes.

Other memberships, awards and logos should also be checked carefully. Some involve independent assessment, while others may indicate membership, sponsorship or participation in a commercial directory.

Reviews and Recommendations

A personal recommendation can provide useful information about communication, responsiveness and client care.

However, consider whether:

  • the recommender had the same type of legal problem;
  • the same solicitor will conduct your matter;
  • the review is recent;
  • the reviewer’s expectations were comparable to yours;
  • the platform verifies reviews; and
  • the firm has responded appropriately to negative feedback.

Online reviews should not be treated as proof of legal expertise or likely success. Results can depend heavily on the facts, evidence, opponent and legal rules.

Firm Size

A large national firm may offer:

  • several specialist departments;
  • greater capacity for substantial or urgent work;
  • international or multi-jurisdictional support;
  • specialist technology and document-management systems; and
  • a larger team to provide cover.

A smaller or local firm may offer:

  • more direct access to a senior solicitor;
  • local knowledge;
  • greater continuity;
  • a more personal service; and
  • competitive or flexible pricing.

Neither model is automatically better. The relevant question is whether the firm has the necessary expertise, capacity and service structure for your matter.

Ask About Workload and Timescales

Before instructing the firm, ask:

  • when work can begin;
  • whether any urgent deadline can be met;
  • the likely duration of the matter;
  • whether the proposed lawyer has sufficient capacity;
  • what factors could cause delay;
  • whether third parties or courts control the timetable; and
  • how you will be informed if the estimate changes.

A solicitor cannot control every delay, but should provide realistic information and notify you of material changes.

Check Whether Advocacy Will Be Required

Where the matter may involve a court or tribunal, ask who is likely to represent you.

The firm may:

  • use the solicitor conducting the case;
  • use another solicitor with advocacy experience;
  • instruct a barrister;
  • instruct a solicitor advocate; or
  • recommend direct-access counsel for a defined part of the case.

Ask about likely advocacy fees and when those costs will become payable.

Data Security and Use of Technology

Solicitors increasingly use email, cloud services, electronic signatures, artificial intelligence, and online case management systems.

Ask how the firm protects:

  • confidential communications;
  • identity documents;
  • bank details;
  • medical and personal information;
  • commercially sensitive material; and
  • documents shared through online systems.

The use of technology does not reduce the solicitor's responsibility to provide competent advice, supervise work, protect confidentiality, and check the accuracy of legal documents.

What You Should Expect from an SRA-Regulated Solicitor

SRA-regulated solicitors and firms must comply with professional principles and codes of conduct.

You should normally expect the firm to:

  • act honestly and with integrity;
  • act in your best interests, subject to duties to the court and the proper administration of justice;
  • provide competent and timely service;
  • protect confidential information;
  • avoid prohibited conflicts of interest;
  • keep client money safely where it is authorised to hold it;
  • provide clear information about costs;
  • supervise legal work properly;
  • inform you of material developments; and
  • maintain a complaints procedure.

Regulation provides important protections, but it does not mean that every solicitor offers the same expertise, price or level of service.

Professional Indemnity Insurance and Client Protection

SRA-authorised firms are generally required to maintain professional indemnity insurance that meets minimum regulatory requirements.

This may provide protection when a client suffers loss due to professional negligence.

The SRA Compensation Fund may provide discretionary compensation in certain cases involving loss caused by dishonesty or failure to account for client money. It is not a general insurance scheme, and eligibility conditions and limits apply.

These protections are among the reasons it is important to check whether the provider and firm are regulated.

Complaining About a Solicitor

If you are dissatisfied with the service or charges, complain to the solicitor or firm first.

The firm must provide information explaining:

  • how to make a complaint;
  • who will investigate it;
  • the complaints timetable; and
  • the right to contact the Legal Ombudsman where the complaint is not resolved.

The firm normally has up to eight weeks to provide its final response.

The Legal Ombudsman

The Legal Ombudsman deals with complaints about poor legal service, including:

  • unreasonable delay;
  • failure to follow instructions;
  • poor communication;
  • inadequate costs information;
  • failure to advise properly;
  • lost documents;
  • failure to progress a matter; and
  • other service failures.

A complaint must ordinarily be referred to the Legal Ombudsman:

  • within six months of the firm's final response; and
  • within one year of the act or omission complained about, or within one year of when the complainant should reasonably have known there was cause to complain.

The Ombudsman has limited discretion to accept some late complaints, but this should not be relied upon.

The Solicitors Regulation Authority

The SRA deals with professional misconduct and regulatory breaches rather than ordinary complaints about service.

Matters that may be reported to the SRA include:

  • dishonesty;
  • misuse of client money;
  • serious conflicts of interest;
  • misleading the court;
  • serious confidentiality breaches;
  • practising without authority;
  • serious failures of supervision; and
  • other significant breaches of professional rules.

The Legal Ombudsman and SRA perform different functions. A complaint may sometimes need to be made to both.

Changing Solicitors

You can normally change solicitors if you are dissatisfied or believe another firm is more suitable.

Before changing, consider:

  • whether the original firm should first be allowed to resolve the issue;
  • whether a court or transaction deadline is approaching;
  • the cost of transferring and reviewing the file;
  • any unpaid legal fees;
  • whether the original solicitor has a right to retain the file;
  • the effect on legal aid or insurance funding;
  • whether counsel or experts have already been instructed; and
  • whether the change may delay the matter.

The new solicitor should assess the case and explain any immediate steps required.

Questions to Ask Before Instructing a Solicitor

Before making your decision, consider asking:

  • do you regularly handle this type of case;
  • who will conduct and supervise my work;
  • what are the strengths and risks;
  • what will you do first;
  • what documents do you need from me;
  • what are the likely stages and timescale;
  • what outcomes are realistically available;
  • can the matter be resolved without court proceedings;
  • how will I be charged;
  • what is included in the estimate or fixed fee;
  • what additional costs may arise;
  • how often will I receive updates;
  • who will cover the matter during absence;
  • what accreditation or specialist experience is relevant;
  • do you offer legal aid or accept legal expenses insurance; and
  • what happens if I decide to stop the work or change solicitors?

Preparing for the First Meeting

You can make the initial meeting more effective by preparing:

  • a short chronology of important events;
  • the names of the people and organisations involved;
  • relevant letters, contracts, notices and court papers;
  • important emails and messages;
  • details of deadlines;
  • evidence of financial loss where relevant;
  • a list of questions;
  • proof of identity and address; and
  • a clear explanation of the outcome you want.

Do not conceal facts that appear unhelpful. Your solicitor needs complete and accurate information to advise you properly.

Choosing the Right Solicitor

A recommendation, a convenient office, or a quality mark can help identify a potential solicitor. Still, no single factor should determine your decision.

Consider the solicitor's relevant experience, proposed approach, costs, communication, capacity, accessibility and understanding of your objectives.

Use the search facility at the top of this page to compare solicitors. Contact more than one firm where appropriate and ask for clear written information before deciding whom to instruct.

This guide provides general information about choosing a solicitor in England and Wales. It does not constitute legal advice or a recommendation of a particular firm or individual practitioner.

Appointing a ##DISCIPLINE## Solicitor in ##LOCATION##.
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