The guidance below has been created by The Law Society. The Law Society is the representative body for solicitors in England and Wales. They work to ensure that no-one is above the law and to protect everyone’s right to have access to justice.
We hope that the information below is useful to anyone who needs to find legal advice they can trust, or who is not happy with their legal advisor.
There is information about:
- Choosing a lawyer
- Free legal advice, government funding and paying for a lawyer
- Making a complaint
- Changing lawyer
- Other questions you may have
- Organisations that can provide free advice and support
1. Choosing a lawyer
You can choose whoever you want to represent and support you in any legal matters. There are some things we suggest you think about when choosing a lawyer, but the decision is always up to you.
- Solicitors, barristers and chartered legal executives in England and Wales are highly regulated, legally qualified and they must have insurance in order to practice – that means you, as a client, are protected.
- Anyone can call themselves a lawyer, but unless they are a solicitor, barrister or chartered legal executive they may not have insurance or the necessary expertise to help you. This includes claims management firms and paralegals. The law can be complicated so it’s important to get the best advice you can. Solicitors, barristers and chartered legal executives are experts when it comes to the law and how it affects you.
- For further information about choosing a lawyer these websites may be helpful:
- https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/using-a-legal-adviser/
- http://www.legalchoices.org.uk/types-of-lawyers/
- https://www.lawsociety.org.uk/For-the-public/Getting-expert-help/Why-use-a-solicitor/
- You can have (‘instruct’) one lawyer to help with all of your legal issues, or you can instruct different lawyers for different legal issues.
Nobody should force you to use a particular lawyer. It is your choice, and you should be comfortable with the lawyer(s) you instruct.
We have a directory of all solicitors – you can choose by location and specialism: http://solicitors.lawsociety.org.uk/
Other questions you may have:
My Family Liaison Officer (FLO) / a police officer or someone else has suggested a lawyer for me – do I have to instruct that lawyer?
No, you don’t have to, and we believe this approach is inappropriate. You should make an informed decision about who to instruct and we would recommend you carefully consider the credentials of any lawyer/law firm suggested by someone else. Take a look at the firm’s website and on Find a Solicitor (http://solicitors.lawsociety.org.uk/) to see whether they are of high quality and suit your needs.
Someone or some people have selected a lawyer for me – do I have to instruct that lawyer?
No, you don’t have to. See above.
I am part of a group that is instructing a lawyer – can I still have my own lawyer?
Yes, you can choose to instruct your own individual lawyer in addition.
Which law firm should I instruct?
This is your choice. We do not endorse any particular law firm.
- Will I have to pay for legal advice?
You may not have to pay for legal advice.
Your solicitor should tell you if you can get legal services for free, for instance with legal aid (public funding) or from a charity.
Some solicitors offer free legal advice (also called ‘pro bono’ legal advice – more information is below) for people with legal problems, so you may not have to pay for your legal advice at all.
For more information you can contact the Legal Aid Agency, which makes decisions about public funding, on https://www.gov.uk/check-legal-aid
Lawyers are paid in different ways, and sometimes they work for free (pro bono)
- If a solicitor is acting for you pro bono, this means they are doing the work for free and will not be paid for it at all.
If you get legal advice pro bono the lawyer you see will not receive any payment or benefit for the work they do for you – they are volunteering. You will receive the same quality of advice and legal protection as you would if you were a paying client. Your lawyer should explain to you at your first meeting what work they will be able to do for you for free and whether there are any limitations. They should also follow up in writing and you can call them or their firm if you have any questions or if there is anything you are unsure of. You do not have to keep seeing this lawyer.
- If a solicitor acts for you on legal aid, it means they will be paid for the work they do by the Government. The rates for the work are fixed by the Government and are generally around one quarter of a firm’s normal commercial rates.
- A solicitor who specialises in legal aid – government funded work – can tell you if the government will pay for your legal advice. If you are eligible for this support your solicitor will apply for the funding.
- You can find a lawyer who offers help under the legal aid scheme here: http://find-legal-advice.justice.gov.uk/
- Other savings or income may affect your eligibility for legal aid. There is a calculator to help you find out if you are likely to qualify here: https://www.gov.uk/check-legal-aid.
Different fee arrangements lawyers may offer you
A conditional fee agreement (CFA), may be offered to you by a solicitor. This type of funding is often also referred to as ‘no win – no fee’. This means that the lawyer will only be paid if you win your case and are awarded compensation. If you are not awarded any compensation, the lawyer will not be paid anything.
If you win your case and are awarded compensation, the person paying the compensation will also pay your solicitor’s fees at normal commercial rates. A CFA may sometimes entitle the solicitor to take a success fee out of the compensation that is awarded to you so check any contract you are offered before you sign it.
A fixed fee means that the lawyer sets a price, and that is the price you will pay however much or however little work is required.
Hourly rates means that the bill you pay will depend upon the amount of time the lawyer spends on your case. Although a lawyer will give you an indication of the amount of time they expect to spend on your case, they will not be able to say for definite, given how much remains so uncertain at the moment. As the lawyer gets more information, they should give you better estimates of the time they will have to spend on the case.
- Making a complaint
About a solicitor
If you are not happy with the service a solicitor gives you, or you believe they have behaved inappropriately, you should complain to them first so they have an opportunity to address your concern or complaint. Your solicitor should give you details of his or her firm’s complaints procedure during or immediately following your first meeting. If you have complained to your solicitor and you are not happy with their response, you can contact:
- The Solicitors Regulation Authority (SRA) – telephone: 0370 606 2555
SRA | Problems with law firms and individuals | Solicitors Regulation Authority
About a claims management company
If you are not happy with a claims management company’s behaviour or service, you should contact the Claims Management Regulator.
- Claims Management Regulator – Telephone: 0333 200 0110 https://www.gov.uk/government/groups/claims-management-regulator
You can complain to the Legal Ombudsman about any legal service provider or claims management company. They ask you to complain to the lawyer or company first and give them a chance to respond.
- The Legal Ombudsman – Telephone: 0300 555 0333 www.legalombudsman.org.uk/?portfolio=complaint-form-legal
- Changing lawyer
If you want to change your lawyer, or you feel you were forced or misled into choosing a lawyer, you should speak to the lawyer first. They must explain how you can change your lawyer.
If you have already signed an agreement, you can get advice from a different lawyer about what to do.
If you are unhappy with the service you receive, or the way they behave, you can make a complaint as set out above.
I have signed a contract with a law firm. Can I change my mind?
Yes. If you are unhappy with the lawyer/law firm you have instructed, you can change your mind. This process should be explained to you by the lawyer who should explain how you can end your contract with them.
Depending on your contract with your lawyer (particularly if you have a conditional fee agreement) there may be costs for changing your lawyer. Each situation will be a different depending on the agreement between you and your lawyer. Your lawyer should explain this to you. You can also find another lawyer to look at the contract and advise you what to do.
I have signed a contract with a lawyer, but I did not understand it or I was pressured – what can I do?
No one should make you use a particular lawyer. If a lawyer has done this, you can complain (see ‘Making a complaint’ above). You can find another lawyer to look at the contract and advise you what to do.
- Other questions you may have
Will one law firm do everything for me?
Your lawyer should explain exactly what type of law they are expert in. For example: housing, inquest, public inquiry, immigration, employment.
Some lawyers work in all of these areas and some may only specialise in one or two.
You can choose which lawyer or law firm you want to work for you for each legal issue. You should never be pressured into using a lawyer – it is your choice.
If I talk to a lawyer, are they now representing me?
No. A lawyer is not your lawyer until you have formally instructed them, which will include giving them written authority allowing them to act for you and/or signing public funding (legal aid) forms.
A lawyer has cold-called me – can I stop them from doing so?
A solicitor is not allowed to approach you if you have not approached them first. If they do, you can make a misconduct complaint to the Solicitors Regulation Authority (see ‘Making a complaint’ above).
Claims Management Companies are still allowed to cold-call, but if they cause a nuisance you can complain to the Claims Management Regulator or the Legal Ombudsman.
- Other organisations who can provide free advice and support
There are several organisations in the Liverpool area that offers free advice and support. You can see a list of all of these organisations here:
https://www.liverpoollawsociety.org.uk/general-public/free-legal-advice/