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This information applies to Scotland only
Do you need a solicitor
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; if you act 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 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.
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Consulting a solicitor
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.
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. This information includes:-
- how the solicitor intends to deal with the problem
- what the solicitor’s next step is
- information about costs
- the expected timescale of the case
- who in the firm should be contacted if there is a problem with the service offered.
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.
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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 (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.
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The solicitor's bill
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:-
- ask the solicitor for a detailed account
- 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.
Asking a court to examine the bill
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.
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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, 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.
In some cases the complaint may be resolved by discussing it with the solicitor. The firm will tell you who to contact if you have a problem with the solicitor handling the case.
If this does not resolve the matter, you should contact the Law Society. You can write with full details to:-
Client Relations and Complaints Office
Law Society of Scotland
26 Drumsheugh Gardens
Edinburgh EH3 7YR
Tel: 0131 226 7411
Fax: 0131 225 2934
Email: lawscot@lawscot.org.uk
Website: www.lawscot.org.uk
The Law Society will investigate the complaint. If it is upheld, the Society can order the solicitor to:-
- reduce or waive the bill
- refund money which has been paid
- correct any mistakes or take any other necessary action
- pay you compensation up to £1,000.
The Law Society can also take disciplinary action against the solicitor.There are time limits for making complaints to the Law Society. If the complaint is about the alleged mis-selling of an endowment policy a different time limit applies. You should seek advice from the Law Society of Scotland.
For more details on how the Law Society handles complaints see Complaints against Scottish solicitors.
If you are not satisfied with the Law Society’s decision, you may be able to complain to the Legal Services Ombudsman.
For details of the Legal Services Ombudsman see How to use an ombudsman in Scotland.
The Law Society of Scotland has a Pursuers' Panel to assist solicitors and clients with claims arising from a solicitor's negligence. For further information contact the Law Society of Scotland at the above address or by telephone on the helpline number 0845 113 0018.
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