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SOLICITORS GENERAL ADVICE |
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> General advice on how to choose your solicitor |
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There are solicitors' offices in almost every town of England and Wales.
They provide comprehensive legal services including legal advice,
preparation of documents, negotiation and representation in court, and
including work often performed by notaries in other countries (for instance
transfers of real property, drawing up contracts, and administering the
estates of deceased persons). Many solicitors now offer property selling,
financial advice and other services complementing legal services.
Solicitors are the first point of contact for citizens, public
authorities, businesses, other professions and foreign clients when looking
for legal advice.
Tips for Choosing a Solicitor
For most people there will be only a few occasions when they need legal
representation. So how are you supposed to choose from the hundreds of
solicitors and licensed conveyancers listed in Yellow Pages? Listed below,
in no particular order, are some things that you may want to consider:-
• Value for money - of course cost is important
but it should not be the sole reason for instructing a solicitor. In
reality you may find only minimal differences in the fees of the majority
of good quality firms in your area.
• Location - you will almost certainly need to
visit your solicitors office at some stage of the process and so it may
make sense to find a solicitor near to your home or workplace.
• Quality of Service - try and "get a feel" for
the firm as a whole as you will be dealing not only with the solicitor who
has conduct of your file but also his/her secretary and the receptionist.
Ask who will have conduct of your file should your solicitor be ill or
take annual leave.
• Attitude - you will, of course, be looking
for a professional solicitor but it will help your transaction proceed
smoothly if you have a solicitor you find friendly and approachable and
someone that you have confidence in.
• Experience - who will be handling your
transaction? At Wards we believe that it is very important to have
qualified staff dealing with your conveyancing, it is worth asking when
you are looking for a solicitor "Who will be handling my sale/purchase?".
At the least you must be advised, when you instruct a firm, of the name
and qualification of the person dealing with your transaction.
• Reputation - without doubt the best way to
find a good solicitor is via a personal recommendation so why not ask
friends, family and work colleagues if they can recommend a solicitor for
you.
• Accessibility - it is vital to have a
solicitor who responds quickly and effectively to your requests and those
of other parties involved such as your estate agent either via the
telephone, fax or e-mail. Your solicitor may be engaged when you ring but
how quickly, if at all, is your call returned?
• Speed - whilst not everyone wants to proceed
as quickly as possible you will almost certainly not want to be the one
"holding things up". Your solicitor must be able to work effectively and
you may wish to enquire whether a solicitor has capacity to deal with your
transaction at the speed you require.
Stringent requirements for qualifying as a solicitor
Training and entry to the solicitors' profession is tough and
competitive. The necessary training takes a minimum of six years. Once
qualified, solicitors must keep up to date through a programme of continuing professional development. Many solicitors choose to go
further and obtain professional accreditation for their specialist area.
All solicitors must be on the Roll, a register of all persons qualified
as solicitors. The Law Society governs admission to the Roll, that is entry
to the profession, ensuring that all new solicitors are fit and proper
persons and have undergone the relevant training.
Solicitors wishing to practise as such must obtain a practising
certificate annually from the Law Society. This guarantees that the
solicitor is properly qualified and is complying with the professional rules
laid down by the Law Society.
Financial protection if things go wrong
Solicitors must have professional Indemnity Insurance, which covers cases
where solicitors are negligent. Solicitors must also contribute to the Compensation Fund
which ensures that if a solicitor is dishonest the public will not suffer
financially.
The Compensation Fund is administered by the Office for the Supervision of Solicitors.
Solicitors are governed by Professional Rules
The Law Society has a series of Practice Rules, other regulations, and codes
of practice, published in a "Guide to the Professional Conduct of
Solicitors". These cover for example:
• Acting in your interests: The solicitor must always
act in their client's interest (the only exception to this duty to act on
the client's behalf is when it conflicts with a solicitor's duty to uphold
justice as an "Officer of the Supreme Court").
• Independence: A solicitor must not act if your
interests as a client might conflict with the interests of another client,
or with other interests.
• Confidentiality: Client details must be kept
confidential (not even the client's identity may be disclosed without the
client's consent)
• Clients' money must be kept in a separate account.
• Financial accountability: solicitors must normally
tell clients about interest due on money held for them by the solicitor,
commission paid, etc.
• There is an obligation to honour undertakings even
if not legally enforceable.
• Solicitors may not set up on their own, or supervise
an office, until they have been qualified for three years. Professional
rules prevent solicitors joining partnerships with non-lawyers, or being
employed by non-solicitors to provide legal services to the public (except
in limited circumstances - for example, in law centres).
• Advertising: A Publicity Code allows solicitors to
advertise in any way they wish but prohibits misleading publicity.
• An Introduction and Referrals Code emphasises that
solicitors must take steps to reinforce their independence if in receipt
of regular referrals. The code prohibits certain contracts which might
prejudice a solicitor's independence.
• In conveyancing (real estate work), solicitors'
firms may not normally act on both sides of the same transaction.
More information is available at www.guide.lawsociety.org.uk.
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