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SOLICITORS HINTS AND TIPS |
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> Hints and tips about choosing the right solicitor |
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Controls on Solicitors' Fees
Clients benefit from much greater regulation over charges than applies to
most other businesses. For example:
• Commission: As fiduciary agents for their clients,
solicitors are obliged to disclose to their clients any commissions
received and, in most cases, to treat the commission as belonging to the
client.
• "No win, no fee": In court actions, solicitors may
not enter into contingency fee agreements under which their fees will be a
percentage of the damages or the property gained. Even a conditional fee
agreement ("no win no fee") is banned in criminal and matrimonial cases.
However, in civil cases, a conditional fee may be agreed.
• Reviews: Solicitors' fees are reviewable if a client
is dissatisfied: fees may be assessed by the court; in non-court matters the fees may also be
reviewed free of charge by the Law Society who will issue a "remuneration certificate" specifying whether the fees are reasonable
and if not what reduction should be made.
Solicitors are supervised
There is a special arm of the Law Society, the Office for the Supervision of Solicitors which investigates complaints
of professional misconduct and inadequate professional service. If the OSS
finds that there is a serious case of misconduct to answer, the solicitor
may be brought before a special court, the Solicitors' Disciplinary
Tribunal. If solicitors fail to abide by the rules of conduct they can
suffer a range of penalties from a rebuke to being struck off the Roll,
which means they can no longer work as lawyers. If solicitors fail to
provide an adequate professional service the Office for the Supervision of
Solicitors can award compensation to the client or order a solicitor to
reduce a bill.
For many people, cost is an important factor when choosing a
solicitor. But it is important to remember that the cheapest solicitor may
not always be the best for you.
You need to decide which firm is best for you.
• There are several different ways you can track down
a firm. The Law Society itself cannot give legal advice on your personal
legal problem. However, of course, solicitors can help you. There are also
ways to help you with paying for legal help. Here are some suggestions on how to find a
solicitor:
• For the widest choice, use this internet directory.
You can also find our printed Directory of Solicitors and Barristers at
public libraries, courts, and other information points in England and
Wales. The directory lists the law firms in your area along with the work
they do. It also lists members of the Society's specialist panels, made up
of individuals who have been shown to be experts in a particular field.
• Friends, relatives, and colleagues may be able to
offer suggestions.
• Yellow Pages and Thomsons' local directories in
England and Wales include listings of solicitors.
• In business? Working freelance? Running your own
company? Lawyers for Your Business offer a free diagnostic interview. Do not
wait until you encounter a problem: try this free service to help you plan
ahead to prevent problems.
• Injured in an accident? Personal injury panel solicitors are specialists and offer a free
diagnostic interview to help you decide whether you could claim
compensation.
• Another way to find a solicitor is to ask an advice
agency such as your local Citizens Advice Bureau or law centre, or to use
the Government's Community Legal Service internet site www.justask.org.uk.
If you're thinking of a legal career
The Law Society site carries full information on the path to qualification as a solicitor, and we explain the role of a solicitor.
If you're not happy about your own solicitor's services
Your relationship with your solicitor is like any good relationship: it
should be seen as a team approach. However, sometimes things do not go
smoothly, and even in the best solicitors' firms, mistakes can happen.
The Law Society wants people to have confidence in their solicitors. If
there are problems, we want to see them sorted out speedily, informally, and
happily.
The Office for the Supervision of Solicitors provides the information you
need to raise the matter informally, to use the solicitors' own internal
complaints procedure, or to report the matter to us for further help. |
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