12 February 2012
This information applies to Scotland only
Solicitors are not the only people who can provide legal advice. Legal help may be available from:-
You may act for yourself in court proceedings; if you act for yourself, you may have a friend or lay representative to assist you in court.
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 an appropriate solicitor. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you are in custody at a police station, or have been charged, you can obtain free legal advice under the duty solicitors’ scheme. If you are at court, the arrangements for providing the solicitor will vary.
If you need more information about the duty solicitors’ scheme you should consult an experienced adviser for example, at a Citizens Advice Bureau. In some cases, a CAB can refer you to an organisation which can offer free legal help. You can also find details of solicitors in the Law Society of Scotland's website www.lawscot.org.uk . Solicitors who are registered to carry out legal assistance work can be found on the registers on the Scottish Legal Aid Board's website at: www.slab.org.uk. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
When you have chosen your solicitor you will need to make an appointment. In most circumstances you would be given an appointment within 5 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 in advance a list of questions for the solicitor.
You should take a form of identification with you to the interview, such as a current passport or driving licence. You should check with the solicitor beforehand exactly which documents you need to take to the interview.
A solicitor must comply with certain rules and standards laid down by the Law Society. The solicitor is expected, for example, to give you certain information at the first interview. There is a comprehensive leaflet about these standards available from the Law Society for Scotland at www.lawscot.co.uk. This information includes:-
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 even if there are no significant developments.
It is against the law for your solicitor to discriminate against you because of your age, disability, gender reassignment, pregnancy and maternity, sex, sexual orientation, race, religion or belief. In addition, solicitors’ professional rules say that a solicitor should not discriminate against you because of your age. You can make a complaint about discrimination by:
More about making a complaint.
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 (for example when buying and selling houses).
In some cases, for example, personal injury cases, you may be able to enter into a speculative fee agreement (no win, no fee) with the solicitor. This means that the amount you will pay will depend on whether you win or lose your case. If you lose your case, you will have to pay the costs of the other side and your own solicitor's outlays. You will normally be asked to take out insurance to cover this situation. If you win your case, you will usually pay your solicitor's fee plus a 'success fee' from the damages and expenses you receive from the other side. You cannot enter into a speculative fee agreement if you are receiving legal aid.
If you are considering entering into a speculative fee agreement, you must be clear about 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 give advice by email, click on nearest CAB.
The costs of the case will not be charged according to the result, unless you and the solicitor have previously agreed otherwise.
The solicitor should 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, s/he should still explain the advantages of legal aid to you if you are eligible, and give you the opportunity of going to a solicitor who does do legal aid work.
For details about help with legal costs see Help with legal costs.
If the solicitor is holding money on your behalf it must be kept in an interest bearing account, and you are entitled to interest on the amount held.
The solicitor’s bill will be made up of three elements: outlays, fees and VAT.
Outlays are the expenses the solicitor has had to pay out on your behalf - for example, the cost of a valuation survey by a surveyor. 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 and scales. 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 outlays.
If you think the bill is too high, you can:-
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.
This procedure can be used for any work done by a solicitor, and is known as "taxation". A court can examine the whole bill, and can either approve it or reduce it. (It can also increase it, but this is not common).
The court makes a charge for carrying out a taxation. If it decides that the bill is too high the solicitor will have to pay the charge. However, if the court decides that the bill is reasonable, you will have to pay it, in addition to the bill itself.
For information on challenging a solicitor’s bill 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 email, click on nearest CAB.
You may be dissatisfied with your solicitor for a number of reasons - for example, you may have problems with legal aid, and/or you may be dissatisfied with the outcome of the case. Your solicitor has not made the decisions about these aspects of your legal action so you cannot formally complain to the solicitor about them. However, if you are dissatisfied with the way the case was handled by the solicitor - for example, delays, or losing documents or money or how s/he behaved towards you, you can complain. The solicitor can also tell you where to complain to about legal aid or the outcome of your case.
In all cases the complaint has to be made first to the firm's internal complaints procedure.
When your complaint is not resolved by your solicitor or the firm, you can complain to an agency called the Scottish Legal Complaints Commission. It is a gateway for all complaints about legal practitioners.
If your complaint is about the conduct of a legal practitioner it will refer the complaint on to either the Law Society of Scotland or the Faculty of Advocates.
You must first of all complain to the Scottish Legal Complaints Commission (SLCC). It acts as a gateway for all complaints against legal practitioners. It passes conduct complaints or any complaint about business instructed to a legal practitioner before 1 October 2008 back to the professional body. It handles complaints about inadequate professional services for business instructed to a solicitor after 1 October 2008. You must then wait until the professional body or the lawyer has finished its investigation. If you are not satisfied with its decision, you can then complain to the Scottish Legal Complaints Commissioner at the Scottish Legal Complaints Commission
You should write to the Scottish Legal Complaints Commission giving a brief summary of the complaint and the reasons why you think the professional body or the Commission's handling of the affair was incomplete, unfair or inadequate. You have to do that within six months of getting the decision about your original complaint. You should include:
Letters should be sent to:
The Scottish Legal Complaints Commission
The Stamp Office
10 - 14 Waterloo Place
Edinburgh
EH1 3EG
Tel: 0131 528 5111
Fax: 0131 528 5100
E-mail: enquiries@scottishlegalcomplaints.org.uk
Website: www.scottishlegalcomplaints.org.uk
If the Commission decides to investigate the complaint, the Commission will contact the professional body to get the papers in the case.
When the Commission has made a decision, a report will be sent to both parties.
If the Commission agrees that there are grounds for complaint, the Commission may:-
If the Commission does not uphold the complaint or the recommendations are not complied with, you can take further action if you wish, for example, through a court.
When you made your complaint before 1 October 2008 you will have to find out how it is progressing from either the Law Society of Scotland or the Faculty of Advocates. Contact details for these two organisations are:-
The Law Society of Scotland
26 Drumsheugh Gardens
Edinburgh
EH3 7YR
Tel: 0131 226 7411
Fax: 0131 225 2934
E-mail: lawscot@lawscot.org.uk
Website: www.lawscot.org.uk
Faculty of Advocates
Advocate's Library
Parliament House
Edinburgh
EH1 1RF
Tel: 0131 226 2881
Fax: 0131 225 3642
Website: www.advocates.org.uk
When you have suffered actual financial loss because of errors or omissions by your solicitor you should seek legal advice about the best way to proceed with your complaint.
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