Legal services
These questions will help you find out all the information you need to get a good deal and choose the right adviser.
- Q1. What will the legal adviser do for you?
- Q2. How much will this legal adviser cost you compared with others?
- Q3. What do you get for your money?
- Q4. How often has the legal adviser handled this type of work?
- Q5. How long will it take for the transaction to be completed?
- Q6. What can you do if something goes wrong, or you aren't satisfied with the service?
- Q7. Have you got a good deal?
Q1. What will the legal adviser do for you?
Do you fully understand what your legal adviser will - and, just as importantly, won't - do on your behalf?
For example: a legal adviser won't arrange to transfer utility accounts (for gas, electricity, etc) from your name on the house you are selling and into your name on the house you are buying. Nor will a legal adviser arrange to remortgage your home if it's being transferred from joint names into one name after a divorce.
Do you know what documents and information the legal adviser will need from you? Is there anything you will have to do yourself? If you're not sure, ask the legal adviser.
When you've chosen a legal adviser, they should give you a ‘client care' letter, setting out what they will do and the likely costs. Make sure you read it carefully. If the legal adviser doesn't give you a ‘client care' letter, you should ask for one.
Q2. How much will this legal adviser cost you compared with others?
Getting an estimate from a firm of legal advisers doesn't commit you to using them. Compare their estimate with at least one from another legal adviser. There is nothing wrong with doing this.
There are two important points to remember when you ask for an estimate:
- An estimate is a guide price. It is not a fixed price, which is usually called a quotation. Make sure the estimate covers the adviser's fees and shows separately any other amounts paid to other people by the adviser on your behalf (called ‘disbursements'). Examples of disbursements are court fees, search costs or fees for swearing statements of truth.
- Legal advisers can't always give a definite estimate of costs because circumstances may change as the case progresses, or new information may come to light. This is especially true if disputes arise, for example in a divorce. Legal advisers should, however, tell you if the costs are likely to change significantly.
Are there ways you can keep the costs down? For example: you could be offered regular progress reports - make sure you know how much that will cost and consider whether you really need to be updated so often.
Do you need to set a limit on the costs? If you do, you must make sure that the legal adviser understands the limit from the start.
Q3. What do you get for your money?
Some legal advisers may see you for an initial interview without charging you, but you should check this. You should also check how long the free part of the interview will last - for example, 15 minutes.
Some legal advisers will quote you an ‘all-in' fee for the whole transaction. Others will charge an hourly rate. If an hourly rate is quoted, make sure you get an estimate of the number of hours they expect to work. Remember - this won't include disbursements (what the adviser pays to others on your behalf).
Senior, experienced legal advisers charge more than junior members or trainees. You may want to discuss who will be doing the work, how they will be supervised and whether it can be done more cheaply.
Special note on using a solicitor or licensed conveyancer. If you're unhappy with the service from your solicitor or licensed conveyancer and you don't want to pay for it or would like to move to another legal adviser, then the solicitor or licensed conveyancer is legally entitled to refuse to release your documents until you've paid the costs to date. This is called the solicitor's lien. So try to get as much information as possible about the service before committing yourself to a particular adviser.
Q4. How often has the legal adviser handled this type of work?
Legal advisers will usually do a better job if they are familiar with and experienced in the particular work you want. It's sensible to ask whether they have experience of the work you want done.
Many legal advisers specialise in some areas of the law and may have little experience of others. Are you choosing an adviser because you've used them before? If so, it's worth considering whether the person who handled your divorce (for example) is also right for handling your conveyancing, or whether someone else in the firm or a different firm may suit you better. As a guide, ask how many cases of this sort their firm handled last year.
Similarly, if you're choosing a legal adviser because a friend recommended them, did your friend need the same service as you? If so, do you share their expectations about the quality of service?
Ask whether the legal adviser you meet will be handling the case themselves or whether they'll be passing it to another member of the firm (‘delegating' it). If it will be delegated, find out if the person who will be doing the work is fully qualified or a trainee. If they're not fully qualified, ask who will be supervising them and how. You should always raise these questions directly with the legal adviser.
Q5. How long will it take for the transaction to be completed?
It isn't always possible to estimate accurately how long it will take to complete a legal transaction, but do ask your legal adviser how long the transaction generally takes.
If you need the work completed by a particular time, you should make sure the legal adviser understands your timetable. Remember, it may be more expensive to have work done quickly.
Q6. What can you do if something goes wrong, or you aren't satisfied with the service?
Is the legal adviser regulated by a professional body? (For example, solicitors are regulated by the Law Society.) If they are, then they must have a clear complaints procedure in place. If you're unhappy with your legal adviser's service, you should write to the legal adviser first - they may be able to put things right without the need for further action. If this doesn't help, make a formal complaint, in writing, to the partner responsible for complaints. If you're unhappy with the response, then you should contact the professional body.
If you aren't sure whether the legal adviser is regulated by a professional body, there's nothing wrong with asking if they are.
Note: Not all legal advisers are regulated by a professional body. If they aren't regulated, the firm may not have a complaints procedure or way of making amends if things go wrong. It's a good idea to check this before you appoint the adviser.
Examples of regulated advisers
- Solicitors
- Barristers
- Licensed conveyancers
- Legal executives
Examples of unregulated advisers
- Claims managers
- Will writers
- Advice agencies (eg Citizens Advice Bureau)
- Employment law advisers
Regulated advisers must have indemnity insurance. This means that if you lose money because they have been at fault, they have insurance cover to ensure that you are repaid. Also, solicitors and licensed conveyancers have a fund to compensate you if they take money you have deposited with them. Other legal advisers may not be covered by insurance or a compensation fund.
If you're paying someone for a service, you want to be satisfied that the service is appropriate and that you're getting value for money. You may want to consider what's most important to you in a legal adviser. Is it cost, location, quality, reliability of service, experience and know-how, speed, or something else?
