Legal advice: How to opt for best fit
Which legal firm and fee conditions should you pick?
By Niall McCann from thePublican.com's team of legal experts from London solicitors Joelson Wilson.
While the legal profession is taking steps to modernise, obtaining legal advice can still be a daunting process.
This article attempts to address three areas of concern: how you ensure that you are instructing the correct firm for the job, how the fees are calculated and what you should do if the service you receive fails to reach your expectations.
Horses for courses
As in most professions, solicitors tend to specialise. At Joelson Wilson & Co, for example, we specialise in licensing/gaming, corporate/commercial, commercial property, employment and litigation. Broadly speaking, high net worth commercial/corporate transactions are handled by large firms based in the main financial centres.
Conversely, private client matters (such as conveyancing, divorces, wills and probate) tend to be handled by smaller firms traditionally located on high streets.
While personal recommendation is often the best route, if your matter is complex or specialised, I recommend that you consult a guide such as Chambers Guide to the UK Legal Profession or The Legal 500. Both provide an excellent analysis of the leading firms by specialist area and geographical location.
What is the charging system?
Solicitors' fees vary depending on the firm they work for, the area of law and their experience and expertise. Usually clients are charged in one of four ways:
- Fixed fee: Generally used in non-contentious matters which follow a regular pattern, such as residential conveyancing. You will agree a price at the outset for carrying out a specific task. But be warned - such fees often do not include disbursements such as postage/photocopying and could increase if the work becomes unexpectedly complex. You should check the small print.
Hourly rate: Your bill will be based on the time spent on your matter by each fee earner (a partner, solicitor or paralegal) assigned to it. Law firms usually allocate an "hourly rate" for each fee earner depending on qualification, seniority and experience. Time recording systems record how long is spent on your business and by whom. The flexibility of charging on a time spent basis can be advantageous to both law firms and clients. However, check the following:
- That the right work is being carried out at the right level. Obvious though this sounds, it does not always happen. If your matter is simple, you are quite within your rights to ensure that a junior fee earner undertakes the bulk of the work under the necessary supervision.
- That hourly rates remain constant. Hourly rates fluctuate at some firms, depending on how urgent the work is and whether fee earners are required to work unsociable hours.
- How often will you be informed of the mounting costs? If cost is a particular concern, you could request that a "ceiling" is set whereby no further work is carried out on your matter without permission when the recorded time costs reach a certain level.
No win, no fee: These fee arrangements are commonly used for personal injury claims and would appear to be a client's dream. However, you should take care to ensure that the solicitor's "success cut" and insurance fee (if required) is reasonable. It is not unknown for the cost of taking out insurance before bringing a claim to exceed the damages awarded when the claim is won.
Legal aid: Legal aid is continually being squeezed by the government. Entitlement depends upon your circumstances and advice is best sought from the Law Society on 020 7242 1222 or your local Citizens Advice Bureau. Always ask for an initial quote. While it is extremely difficult to give accurate quotes for some work, such as contentious matters, it is always useful to have a "ball park" idea of cost levels.
What if I am not happy?
Before you instruct a solicitor you should be given the firm's written terms of business. Not only should this provide details of the charging structure, but also your avenues for recourse should you be unhappy with the service provided. Generally speaking, you should initially raise any concerns with the fee earner responsible for your file.
If this approach fails, speak to the supervising partner and, if you still do not receive a satisfactory response, the firm's managing partner. Your ultimate recourse is to report the firm/the fee earner to the Law Society.
Until the provision of legal services is provided neatly packaged in supermarkets, the law will remain difficult to access. In defence of the profession, the vast majority offer a high quality service at a reasonable price.
