Costs and Legal Aid
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One of the most intimidating aspects of using a solicitor or lawyer is the matter of costs, which can be very expensive. We understand this and have been working hard to make sure that when you use a solicitor or firm that we regulate, they must to make your legal fees as transparent as possible. Charges vary between solicitors so you should shop around to find the best one for you.
If you are of limited means, you may be eligible for help with legal costs such as Legal Aid, or in some cases a solicitor may offer to work for free ("pro bono"). There are also various sources of free legal advice.
There are many different types of work that solicitors do, as well as many different methods of payment. Your solicitor should provide you with the best information possible, and, if you haven't been given a fixed fee, you should be kept up-to-date with the costs you are incurring as your matter progresses. If you have a limited budget, you should discuss the amount that you are able to pay so that if you are likely to go over your budget, your solicitor can warn you so that you can make an informed decision about what to do next.
When you first start to instruct a solicitor, they should give you as much information as possible about how much your work will cost or how the cost will be calculated. You should also get an explanation of the charges at the end of the transaction, and at any time on request.
All information about the cost of the solicitor's service will be given to you in writing.
Your costs may be presented
- as a fixed fee,
- as an estimate of the amount expected, or
- as an hourly rate with an indication of how many hours are likely to be needed.
Additional costs
If you are instructing your solicitor on a "no-win, no-fee" basis (officially known as a "conditional fee"), you may be asked to take out an insurance policy. If your case is successful, you will probably have to pay a higher level of fees.
Your solicitor will also tell you about any expenses the firm may need to pay on your behalf (known as "disbursements"). Examples of such expenses include
- search fees in a conveyancing transaction,
- a medical report in a personal injury claim, or
- a fee from the probate registry for lodging documents in the administration of a dead person's estate.
Sometimes you may be liable for another person's costs, such as those of an opponent in a court case, particularly if you lose. Your solicitor will tell you about any potential liability of this sort.
If someone else is paying your costs
Sometimes, an organisation such as a trade union or an insurance company will refer you to a particular solicitor, and may possibly be paying your fees for you. If this is the case, your solicitor must make it clear to you
- the details of the arrangement between them and the organisation that referred you
- whether the referral arrangement means that the solicitor or firm must represent you in a particular way, including any restrictions on the way they can work, and
- whether the solicitor or referrer gets any benefit from the referral, financial or otherwise.
Public funding (Legal Aid)
Legal Aid funding helps people get access to justice and legal advice services.
The Legal Services Commission (LSC) funds solicitors and advice agencies to help as many eligible people as possible to
- get advice on their legal problems
- understand their rights and the law
- get legal advice when detained in police stations, and
- be represented in court, if necessary.
Community Legal Advice is the LSC's helpline, offering free, confidential and independent legal advice. You can call Community Legal Advice on 0845 345 4345.
Legal Aid is administered in England and Wales by the LSC. The Ministry of Justice oversees the LSC's work.
Find out more about the different types of Legal Aid and whether or not you are eligible for it, by visiting Directgov or Adviceguide.
Other sources of legal advice at little or no cost
There are several ways to access cheap or free legal advice. Sometimes, organisations or companies such as trade unions or insurance companies may help with legal costs or pay them in their entirety. Some workplaces also have employee helplines that may be able to help.
If you are not eligible for Legal Aid, and you cannot afford to pay for legal services, you may be able to find a solicitor, lawyer, barrister, other legal advisor or trainee who is willing to represent you for free (this is known as "pro bono"). Try the following sites for help with finding pro bono legal representation:
Citizens Advice helps people resolve their legal and financial problems.
The LSC has a Legal advisor finder that can help you find legal advisers in your area who can help you with Legal Aid
If you are experiencing discrimination, have a look at the Law Centres website—they provide legal services to people who may be marginalised in society or who are experiencing discrimination.
Advice Now can also help you with solving problems or finding advice.
If you have a disability
- visit DIAL UK for information about disability information and advice lines (DIALs)
- the Disability Law Service can help disabled people with access to legal services, or if you are deaf,
- the Royal Association for Deaf people have launched RAD Legal Services, which provides legal advice, representation and financial advice using British Sign Language via webcam.
Asking a court to examine the bill
This procedure can be used for any work done by a solicitor, including court work, and is known as "applying for a detailed assessment". You can ask for a detailed assessment between one month and a year of getting your bill, before paying in full. You may have to pay further costs to use the procedure, but if the court reduces the bill by more than twenty per cent, you will not have to pay for the assessment. It is advisable to seek legal advice (for example, from a law costs draftsman) as to whether this is a good idea before asking for the assessment.You can ask the court to examine the bill even if you have signed a conditional fee agreement.
More information on applying for a detailed assessment, and solicitor's bills in general, is available on the Adviceguide website.
To find legal advice on your bill, Citizens Advice can help, or you can find a law costs draftsman on the Association of Law Costs Draftsmen website.