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Frequently Asked Questions
Please click on any of the questions below to jump quickly to the answer:
Do I need a Solicitor?
There are many reasons why a Solicitor may be needed, and it is important to choose someone with whom you feel comfortable and who meets your specific needs.
All practising Solicitors in England and Wales belong to and are governed by a national body, The Law Society (this body has no formal connection with local law societies such as CDLS). The professional rules of The Law Society uphold independence, integrity and confidentiality.
Solicitors offer independent and professional advice on a wide range of subjects, from buying your first home to selling a multi-million pound business, from advising those accused of crimes to seeking compensation for personal injury or medical negligence, and from drafting wills to advising on patents and copyright infringements.
Solicitors offer comprehensive legal services including advice, preparation of documents, negotiation, and representation in Court. Many firms now offer other complementary services such as financial advice, mediation and property selling.
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Should I contact the CAB first?
The Citizens Advice Bureau offers free, confidential and independent advice, and it may be worthwhile to contact the CAB to discuss your case and be put in the right direction. You can find the details of your local CAB in the Yellow Pages or at their website www.nacab.org.uk.
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How do I choose a Solicitor who will meet my needs?
You may want a Solicitor who specialises in a complex area of law; a firm that is close to you or that offers home visits; or, if you are of limited means, a Solicitor who undertakes publicly funded work (previously known as Legal Aid).
To see a list of CDLS Solicitors who specialise in a particular aspect of the law, go to the Find a Solicitor page and select the specialism for which you need advice.
Other ways of finding a Solicitor include using The Law Society's solicitor finding service at www.Solicitors-online.com; or speaking to friends, relatives and colleagues for their personal recommendations.
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What is the difference between a Barrister and a Solicitor?
For hundreds of years, the legal profession of England and Wales has been divided largely into two branches: Solicitors and Barristers. As a general rule, Solicitors handle the day-to-day management of a case and deal directly with clients. Barristers are engaged to carry out particular tasks at certain stages, such as conference advice or advocacy. It may be that a Barrister's services will never be required in the context of a particular case.
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Can I employ a Barrister myself?
A Barrister usually works as a self-employed individual who is retained by the Solicitor for certain tasks particular to a case. Barristers are not normally permitted to take instructions from the general public.
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How much will legal advice cost?
The cost of legal advice will vary according to the particular case. Your Solicitor may be able to give you an initial indication of the likely cost of the case. If this is not possible, in some circumstances you can agree with your Solicitor a method of controlling costs such as by way of a fixed fee arrangement, a costs limit, regular payments or regular invoices. There are regulations about Solicitors' charges, and costs can be reviewed.
Some types of cases can be covered by conditional fee agreements (also known as "no win - no fee" schemes). This method of funding is now available for almost all types of legal work except for criminal and family law cases.
The cost of meeting legal advice is often also available through legal expenses insurance (frequently part of household or motoring insurance policies), trade unions and motoring organisations such as the AA or RAC. You should check your membership documentation to see if you have such cover.
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Can I get free legal advice?
If you are of limited means, you may be eligible for Public Funding, which prior to April 2000 was known as Legal Aid and is still often referred to by that name (see below). Even if you are not eligible for Public Funding, many Solicitors offer a free initial meeting. It is preferable to phone and ask if this is available before visiting.
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What is Legal Aid?
Legal Aid, now known as Public Funding, is available for a range of civil and criminal matters. Even if you are eligible for Public Funding, you may be required to make a contribution towards your legal costs.
See www.legalservices.gov.uk for more information.
The provision of Legal Aid for all needy people is under threat - see our 'Legal Aid' page.
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Can I recover my costs from someone else?
A basic premise in litigation type work is that the loser pays the winner's fees. Whether it will be possible for you to recover your legal fees from the other party in your particular case is a matter that you should raise with your Solicitor.
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Do I have to go to Court?
In many cases, your Solicitor is likely to advise you that it will be in the best interests of your case to avoid Court attendance, and he/she will try to reach an amicable settlement out of Court, on your behalf, with your opponent. It may, on the other hand, be beneficial to have your case adjudicated by a Court.
Going to Court is nevertheless an expensive process, as the legal costs will be increased by several factors including your Solicitor's and Barrister's fees as well as those charged by the Court itself. Sometimes a Court hearing can be the only option, but settlement out of Court can often be achieved by negotiation, mediation or arbitration.
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What is Mediation?
Mediation is a way of resolving disputes which helps the parties involved to reach an agreement with the aid of an impartial third party - the mediator. The parties in dispute (not the mediator) decide the terms of any settlement. Mediators do not take sides, give advice, or make judgments.
Mediation is not free, but it is usually a cheaper and less contentious way of resolving disputes than litigation. Decisions reached during mediation are not legally binding, but can be made so by the parties if they wish.
For further information see www.mediationuk.org.uk.
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What is Arbitration?
Arbitration is used in wide range of international commercial contracts. It is a method of dispute resolution, but the final result requires the agreement of the parties. Such agreement is usually given in an arbitration clause in the contract in question, but arbitration can also be entered into after a dispute has arisen.
There are many different bodies providing arbitration services, frequently tailored towards a specific type of arbitration. For example, ACAS (www.acas.org.uk) provides arbitration in relation to employment disputes.
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How do I know if my Solicitor is a specialist in a certain field?
Increasing numbers of Solicitors now practice exclusively in one area of law. One firm may have several lawyers working within one area, each of whom specialises in different aspects of that particular area of law. From our Find a Solicitor page you can get the names of CDLS Solicitors and firms specialising in particular aspects of the law.
A search for an appropriate specialist Solicitor can also be carried out at the national Law Society's www.Solicitors-online.com website. The search results will give you the appropriate contact details and indicate whether the Solicitor is on one of The Law Society's specialist panels.
The Law Society has a range of specialist panels in fields such as personal injury, immigration, family law and several other areas of the law. Admission of a Solicitor to membership of any of these panels requires a certain amount of experience, and compliance with set criteria and standards. Details of the specialist panels can be found on The Law Society's website at www.lawsociety.org.uk.
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