The Divorce Process
This guide lays out the Divorce Process in the UK; Divorce is defined by the Legal dissolution of a marriage by an accepted body or by Judgement of a court...link
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.
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:
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.
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:
Experience should be relevant to the specific problem rather than based solely on the firm's size or general reputation.
The person you initially speak to may not be the person who will conduct the case.
Before instructing the firm, ask:
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.
A solicitor cannot advise effectively without understanding what you want to achieve.
Your objective may be to:
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.
The scope of the solicitor's work should be agreed at the outset.
Ask whether the solicitor will:
You should also understand what is excluded. A limited retainer may cover only a defined task rather than the entire matter.
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:
Ask questions where legal language, costs or procedure are unclear. You should understand the advice sufficiently to make informed decisions.
Solicitors may charge in different ways depending on the type and complexity of the work.
Possible arrangements include:
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.
Ask:
Disbursements are payments made to third parties for legal work.
They may include:
Ask which disbursements are expected, whether they include VAT, and when they must be paid.
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:
Read these documents carefully before accepting the terms. Ask for clarification where the written information differs from what was discussed.
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:
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.
Some solicitors offer a free or reduced-cost initial consultation. Others charge their normal rate or a fixed fee.
Before booking, ask:
A free consultation does not always provide detailed legal advice. It may be used primarily to determine whether the firm can take the case.
Some litigation and compensation claims may be funded under a conditional fee agreement.
Before entering into a no win, no fee arrangement, ask:
The phrase no win, no fee does not necessarily mean that the client has no financial risk in every circumstance.
Before paying privately, check whether legal expenses insurance is included with:
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 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:
Not every solicitor undertakes legal-aid work. Ask whether the firm holds the appropriate Legal Aid Agency contract and whether your case appears eligible.
Poor communication is a common source of dissatisfaction even where the legal work itself is competent.
Ask the solicitor:
Tell the firm about any preferred communication method or particular need at the start of the matter.
A solicitor's physical location may be important where:
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 is a practical and legal consideration rather than an environmental one.
Ask whether the firm can provide:
A service provider must consider reasonable adjustments for disabled clients under equality legislation.
Where English or Welsh is not your preferred language, ask whether the firm:
Family members should not always be relied upon to interpret sensitive, confidential or technically complex advice.
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:
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.
Solicitors are required to verify clients' identities and carry out anti-money laundering checks in relevant matters.
You may be asked to provide:
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.
The Law Society operates accreditation schemes for firms and individual practitioners working in particular areas of law.
Examples include:
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 is the Law Society's legal practice quality mark for client care, compliance and practice management.
Its standards cover areas including:
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.
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.
A personal recommendation can provide useful information about communication, responsiveness and client care.
However, consider whether:
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.
A large national firm may offer:
A smaller or local firm may offer:
Neither model is automatically better. The relevant question is whether the firm has the necessary expertise, capacity and service structure for your matter.
Before instructing the firm, ask:
A solicitor cannot control every delay, but should provide realistic information and notify you of material changes.
Where the matter may involve a court or tribunal, ask who is likely to represent you.
The firm may:
Ask about likely advocacy fees and when those costs will become payable.
Solicitors increasingly use email, cloud services, electronic signatures, artificial intelligence, and online case management systems.
Ask how the firm protects:
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.
SRA-regulated solicitors and firms must comply with professional principles and codes of conduct.
You should normally expect the firm to:
Regulation provides important protections, but it does not mean that every solicitor offers the same expertise, price or level of service.
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.
If you are dissatisfied with the service or charges, complain to the solicitor or firm first.
The firm must provide information explaining:
The firm normally has up to eight weeks to provide its final response.
The Legal Ombudsman deals with complaints about poor legal service, including:
A complaint must ordinarily be referred to the Legal Ombudsman:
The Ombudsman has limited discretion to accept some late complaints, but this should not be relied upon.
The SRA deals with professional misconduct and regulatory breaches rather than ordinary complaints about service.
Matters that may be reported to the SRA include:
The Legal Ombudsman and SRA perform different functions. A complaint may sometimes need to be made to both.
You can normally change solicitors if you are dissatisfied or believe another firm is more suitable.
Before changing, consider:
The new solicitor should assess the case and explain any immediate steps required.
Before making your decision, consider asking:
You can make the initial meeting more effective by preparing:
Do not conceal facts that appear unhelpful. Your solicitor needs complete and accurate information to advise you properly.
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.
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