Stage 1 - Finding the right solicitor
You have obviously decided that you need a solicitor and you are likely to have an idea of the kind of specialism you require from your solicitor. We have tried to be as thorough as we can by listing all the areas of law you are likely to want a solicitor to help you with. Therefore, in the first instance, search for a solicitor who is listed as a specialist, as they are likely to have the experience and expertise to deal with the issues you are facing.
Additionally, cost can be an important factor when selecting a solicitor. Each solicitor's firm has their own pricing structure. In all likelihood, using a large city centre based firm is likely to be more expensive than using a firm based outside the city centre. A larger firm is likely to have access to depth of resources and experience, whereas a 'local' firm could offer you more of a personable service. You should consider these factors when choosing your solicitor.
Stage 2 - Preparing to meet your solicitor
Once you have identified which solicitor you wish to use you need to be thorough in your preparation for the meeting. You need to maximise the time you have your solicitor and look to get as many questions answered as possible. Things you can do in advance of your meeting are:
- Make a list of all the questions you want to ask your solicitor. Start the list a day or two before your meeting as you are bound to think of other questions as the meeting approaches.
- Prepare a file with all paperwork relevant to your case. It is advisable to keep your papers in date order. This will help your solicitor give you a more thorough answer by getting a better understanding of your case and will save some valuable time in your meeting.
Questions to ask
There are some key questions that you should ask at the first meeting with your solicitor, or even at an earlier stage over the telephone if possible. Answers to the questions below will give you a better understanding of the likely cost of taking action and how long the action could take. Questions we recommend are:
- What are the charge-out rates for the solicitor and their associates, and how much is your case likely to cost
- Is work delegated to a junior level to help keep costs down or is all work undertaken by the solicitor
- How much experience do they have in dealing with cases such as yours
- How long do they expect the case to take to resolution
- How likely is my case to succeed
- Is there a chance that you could be liable for your opponent's legal costs
- Would it be beneficial to approach your opponent direct and look for a resolution outside of the courts
- What do you want me to bring to the meeting
- With regards to 'No win, No fee' arrangements, are they able to broker insurance to cover any costs incurred by you in the event your claim is unsuccessful
Stage 3 - Meeting your solicitor
Once you start your meeting, the first thing to do is establish how long the meeting will last. This is usually up to an hour in the case of a first meeting. By establishing how long you have you set the pace of the meeting and ensure all topics are covered. Other things we would advise you to do are:
- Remember the list of questions you spent a few days preparing? Well, let the solicitor know roughly how many questions you have, or even give them a list of your questions and any supporting documentation you have. It can sometimes be helpful if you send your questions and copies of papers to your solicitor prior to the meeting.
- Make sure you understand the responses that the solicitor gives you and if you do not understand do not be afraid to ask him/her to repeat what they have said, after all, they want to help you as much as they can so it is in their interests that you understand the advice they are giving.
- As the meeting reaches its conclusion ask your solicitor to set out the next steps of your case. By now you should have a fair indication of likely cost and time to resolution.
- When the meeting has finished ask the solicitor to send you a note setting out the advice they have given.
- Take your own notes at the meeting and cross-refer your notes with those prepared by the solicitor.
Stage 4 - What to do after meeting your solicitor
Firstly, you need to try and recollect as much as you can about the meeting and be sure that you have understood what the solicitor has told you. The solicitor will probably follow up the meeting by sending you a note setting out the advice so if you are unclear about something it may be best to wait for the note. If the note does not answer anything you were unclear about then consider contacting the solicitor again.
Another key aspect to consider is whether you felt confident about the advice the solicitor was giving you and whether they have the necessary expertise to deal with your case. Using a solicitor could potentially be an expensive exercise so you need to have confidence in the solicitor advising you.
Following the first meeting you are likely to have a far better understanding of likely costs and time it could take to find a resolution to your case. If you are not satisfied with the advice being given or you think the costs are likely to be high. Then it may be worthwhile speaking to another solicitor for a second opinion.
Stage 5 - Getting help towards your legal costs
At your first meeting (or even if you discuss the case on the telephone beforehand) your solicitor will give you an estimate of the costs of helping with your case, as well of a breakdown of how the charges will be levied.
Additionally, if it is likely that an outside expert or a Barrister is needed they will require your authority to make any payments.
Getting free help towards your legal costs
Under some circumstances you may be entitled to Legal Aid. Please click
here for more information regarding eligibility.
The legal Services Commission is responsible for the Community Legal Service, which funds non-criminal (civil) cases, and the Criminal Defence Service, which funds advice and representation for people facing criminal charges.
These funded services are only available from solicitors who are contracted with the Legal Services Commission. This means they have been checked to make sure they meet certain standards and provide good service.
If you do not qualify for Legal Aid and you have an unusual case, particularly one that affects a community or interest group, it may be possible to arrange for a solicitor to do some pro bono work. This is work a solicitor carries out without charging a fee.
For more information about this please see the Solicitors Pro Bono Group website -
www.lawworks.org.uk
No win, No fee arrangements
Many types of claims against another body or person can be suitable fore a no win. No fee arrangement, which are commonly known as a Conditional Fee Agreement.
A Successful claim
With one of these arrangements you only pay your solicitor if the claim is successful. In addition to this you will also need to pay an extra fee, called a success fee. Both the basic fee and the extra fee are normally paid in whole or part by the losing party.
Other costs associated with the claim, such as court fees or professional reports, are also usually met wholly or partly by the losing party. These costs are commonly referred to as disbursements.
A losing claim
In such an event you will not have to pay your solicitor for the work they have undertaken. However, it is probable that you will have to pay the costs of the winning claimant on the other side. Additionally, you are likely to have to pay other incurred costs (such as court fees or professional reports).
To avoid the potential of a having to pay the successful claimants fees, your solicitor will normally try and arrange insurance to cover this risk. This is known as 'after the event' insurance. You will probably have to pay the insurance premium.
