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This information applies to England, Wales and Northern Ireland
Is a solicitor needed
Solicitors are not the only people who can provide legal advice. Legal help may be available from:-
- other professionals, for example, an accountant who can give advice on tax and company law
- advice centres, such as the Citizens Advice Bureaux, housing advice centres, money advice centres, law centres
- other organisations, such as trade unions and motoring organisations.
You may act for yourself in court proceedings or, if you are acting for yourself, you may have a friend or lay representative to assist you in court.
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Choosing a solicitor
If you need a solicitor you should choose one who has experience in the appropriate area of law.
A local advice agency such as a law centre or Citizens Advice Bureau, should be able to recommend local solicitors who are experienced in the appropriate area of law or will be able to provide information on how to find a suitable solicitor. In some cases, a CAB can refer you to an organisation which can offer free legal help. You can also find details of solicitors on the Law Society website at www.solicitors-online.com, or go to the website of Community Legal Advice at: www.communityleagaladvice.org.uk for details of solicitors and advice agencies throughout England and Wales. In Northern Ireland, go to the Northern Ireland Legal Services website at: www.nilsc.org.uk.
If you are at a police station, or have been charged with an imprisonable offence, you can obtain free legal advice under the duty solicitors’ scheme. If you are at the police station, the police will contact the duty solicitor. If you are at the magistrates or youth court, the arrangements for providing the solicitor will vary. In Northern Ireland, Belfast Magistrates' Court is the only magistrates’ court with a duty solicitor's scheme.
If you need more information about choosing a solicitor you should contact a local advice agency, such as a law centre or an experienced adviser at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Consulting a solicitor
When you have chosen your solicitor, you will need to make an appointment. This will usually be within five working days. If the matter is urgent the solicitor should try and arrange an earlier appointment.
You should take all relevant documents to the appointment and it may be helpful to prepare a list of questions for the solicitor in advance.
For some cases a solicitor will require identification from you before they can act. This applies, for example, to transactions involving more than £10,000, such as a house purchase. Identification can include a current passport, driving licence or benefit book. A recent utilities bill will also have to be provided. If you do not have this sort of identification you should check with the solicitor how best to prove your identity.
A solicitor must comply with certain rules and standards laid down by the Law Society. The solicitor must, for example, give you certain information at the first interview. The information should include:
- how the solicitor intends to deal with the problem
- what the solicitor’s next step is
- information about costs, which must be confirmed in writing as soon as possible after the interview
- in England and Wales, whether you will be eligible for publicly funded legal services or criminal legal aid
- in Northern Ireland, whether you will be eligible for legal aid
- the expected timescale of the case
- whether the solicitor has a relationship with another company that could affect the steps taken in relation to your case.
The Law Society has also produced a document called The Client's Charter, which tells you what you can expect from your solicitor and what to do if you want to make a complaint. Your solicitor does not have to give you a copy of this charter, but it is considered good practice for them to do so.
You should make sure you understand what the solicitor has told you and should not be afraid to ask questions.
During the case the solicitor should keep you regularly informed of progress and costs even if there are no significant developments.
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Solicitors’ costs
At the beginning of the case, the solicitor must give you information about the likely cost of the case and how the charge is calculated, for example, a fixed fee, an hourly rate or a percentage fee.
In some cases, for example, personal injury cases, you may enter into a conditional fee agreement with the solicitor. This means that if you lose the case, you will have to pay the costs of the other side and you will normally be asked to take out insurance to cover this situation. If you win the case, your solicitor will normally try to get their fees paid by the other side, at a higher rate. Generally, only people who are not receiving Legal Aid can enter into a conditional fee agreement.
If you are considering entering into a conditional fee agreement, you must be clear what the terms of the agreement will entail and you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
In all cases, the solicitor must discuss how the costs are to be met and whether you are eligible for Legal Aid. If the solicitor does not do Legal Aid work, they must still explain the advantages of Legal Aid services to you if you are eligible, and give you the opportunity of going to a solicitor who does Legal Aid work.
For details about Legal Aid, see Help with legal costs.
The solicitor must keep you informed about the costs throughout the case.
If the solicitor is holding your money, it must be kept in a separate deposit account and you maybe entitled to interest.
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The solicitor’s bill
You should get your bill within a reasonable time after your solicitor has finished the work they have done for you, and it will be made up of three elements: disbursements, VAT and fees.
Disbursements are the expenses the solicitor has had to pay out on your behalf, for example, fees paid to court and barristers’ fees.
Fees cover the professional services carried out by the solicitor on your behalf. If the work was court work, the fees that the solicitor can charge are subject to court rules. There are no scales that regulate non-court work, but the charges must be fair and reasonable. VAT will be charged on the fees and some disbursements.
If you think the bill is too high, you can:
- ask the solicitor for a detailed account
- in some cases, ask your solicitor to apply for a remuneration certificate (that is, ask the Legal Complaints Service to look at the bill)
- ask a court to look at the bill.
Getting a detailed bill from the solicitor
You can write to the solicitor asking for full details of how some or all of the charges on the bill were worked out. This letter should also include a request for a written reply. Items such as stamp duty for buying a house are fixed amounts and cannot be questioned.
Remuneration certificates
This procedure only applies to work which does not include court work. You can, within one month of receiving the bill, ask the solicitor to obtain a remuneration certificate which approves it or reduces it. There is no charge. You must pay half the bill and VAT and disbursements before applying for a remuneration certificate. Disbursements cannot be questioned. There is a time limit for applying for the remuneration certificate. It is usually one month but may be longer in some circumstances. The solicitor may also agree to waive the time limit. You should check the relevant time limits with the Legal Complaints Service. They have more information about remuneration certificates on their website at www.legalcomplants.org.uk.
The Law Society of Northern Ireland can advise you about disputing a solicitor’s bill. However, you should first request a meeting with the solicitor and if you are still not satisfied, you can contact the Remuneration Certificate Department of the Law Society of Northern Ireland at:-
The Renumeration Certificate Department
The Law Society of Northern Ireland
Law Society House
90-106 Victoria House
Belfast
BT1 3J2
Tel: 028 9023 1614
Fax: 028 9023 2606
Email: info@lawsoc-ni.org
Website: www.lawsoc-ni.org
Asking a court to examine the bill
This procedure can be used for any work done by a solicitor, including court work, and is known as assessment.
The court can examine the whole bill, and can either approve it or reduce it. If the reduction is more than one-fifth, you will not pay the costs of assessment.
For non-court work, the court which assesses the bill is the High Court in London. Where court work is involved, the bill will be assessed by the court which dealt with the case. If you are getting Legal Aid, your bill may be assessed by the Legal Services Commission.
If you ask for assessment within one month of getting the bill, the court must assess it. Between one month and a year, the court decides whether to agree to assessment of the bill; after a year it is very unusual for the court to agree.
The court cannot agree to assess the bill if it has been paid and more than one year has gone by.
You can ask the court to examine the bill even if you have signed a conditional fee agreement.
If you have problems paying a solicitor's bill, the solicitor might insist on immediate payment. They could also charge interest on bills for non-court work after a month. However, they may agree to let you pay your bill in instalments.
An experienced adviser's help will usually be needed to assess whether you should challenge a solicitor’s bill, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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Complaints about solicitors
You may be dissatisfied with your solicitor for a number of reasons, for example, you may have problems with Legal Aid services and/or you may be dissatisfied with the outcome of the case. You cannot complain about these things to your solicitor. However, if you are dissatisfied with the way the case was handled by the solicitor, for example, delays, or losing documents or money, you can complain.
You should first try to resolve the complaint by discussing it with the solicitor. All solicitors' firms must have a written complaints procedure and the firm will tell you who to contact if you have a problem with the solicitor handling the case. The solicitor must give you a copy of the complaints procedure if you ask for it.
If this does not resolve the matter, in England and Wales you should contact the Legal Complaints Service (LCS). The LCS has a telephone help-line which can advise you about whether there are grounds for a complaint and, if so, how to proceed. You will need to contact the LCS within six months of the end of the work done by the solicitors, or within 6 months of finding out that there was a problem.
If you wish to proceed with the complaint, you should fill in a special form available from the LCS. The address is:-
The Legal Complaints Service
Victoria Court
8 Dormer Place
Leamington Spa
Warwickshire
CV32 5AE.
Helpline: 0845 608 6565
Tel: 01926 820082
Fax: 01926 431435
Website: www.legalcomplaints.org.uk
The LCS can provide information in languages other than English. If you let them know your preferred language, they can arrange to talk to you on the phone with an interpreter or they can translate their letters and leaflets into your preferred language.
The LCS will consider the complaint and, if appropriate, may require the solicitor to:
- refund money which has been paid
- order the solicitor to correct any mistakes or take any other necessary action at their own expense
- pay compensation to you up to £15,000.
If the solicitor has broken any rules of professional conduct, the LCS may refer your complaint to the Solicitors Regulation Authority. If your solicitor has been negligent, you may be able to take legal action against the solicitor as well as complaining to the LCS. You will need to get legal advice. You may be able to get legal aid for this.
If you are not satisfied with the way that the LCS has handled your complaint, you may also be able to complain to the Legal Services Ombudsman.
For more information, in England, see How to use an ombudsman in England, in Wales, see How to use an ombudsman in Wales or in Northern Ireland, see How to use an ombudsman in Northern Ireland.
In Northern Ireland, the Law Society of Northern Ireland investigates complaints against solicitors. You should give your solicitor the opportunity to deal with your complaint first. To contact the Law Society, write to the Chief Executive at:-
Law Society House
98 Victoria Street
Belfast
BT1 3JZ
Tel: 028 9023 1614
Fax: 028 9023 2606
Email: info@lawsoc-ni.org
Website: www.lawsoc-ni.org
If the Law Society of Northern Ireland upholds your complaint it may order the solicitor to:-
- reduce the bill
- correct any mistakes at their own expense
- take any other necessary action, such as referring the matter to the Solicitor's Disciplinary Tribunal.
The Law Society cannot order the solicitor to pay you compensation. If you are not satisfied with the outcome of your complaint to the Law Society, you can write to the Lay Observer at:-
4th Floor
Brookmount Buildings
42 Fountain Street
Belfast
BT1 5EE
Tel: 028 9024 5028
Fax: 028 9025 1944
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Further help
For more information about choosing a solicitor and or other legal adviser, go to the Community Legal Advice website at: www.communitylegaladvice.org.uk.
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