What to expect
Information you should expect to receive from your solicitor
Initially, your solicitor should gain an understanding of the matter you need advice about, and explain what is likely to be involved in acting for you. You can communicate with your solicitor in person, by telephone, by email, or any combination of these. It is important that you establish from the start what means of communication you will ordinarily use.
Your solicitor will tell you who will be handling your matter and give you the name of a supervisor, if your work is being supervised. Most importantly, he or she will tell you if the person handling your matter is a solicitor. If this person isn't a solicitor, you will be told what their status is—for example, a legal executive or a trainee. This information must be given to you in writing.
Rule 2.02 of the Solicitors' Code of Conduct (Client care) outlines the sort of information you should expect to receive from your solicitor.
If you have been referred
You may have been referred to a particular solicitor—for example, by an insurer or a claims management company. If this is the case, you are entitled to additional information about any arrangement the solicitor may have with the introducer, including any fees paid for the referral. You can find details of how clients' interests are protected and the information you can expect to receive in rule 9 of the Solicitors' Code of Conduct (Referrals of business). Your solicitor will tell you if
- he or she is required to represent you in a particular way;
- he or she is restricted in any way due to an arrangement with an introducer; or
- if an organisation, such as your insurance company or trade union, is paying the solicitor's fees.
If you have a disability
If you have a disability and think it may affect the advice you may be given or your access to that advice, you should tell your solicitor as soon as possible. Solicitors' firms must comply with the law relating to disability. They must ensure that a disabled client isn't substantially disadvantaged in comparison with a non-disabled client.
Fees – what to expect
The most important information you will receive from your solicitor when you first make contact is the cost of the work to be carried out. The details relating to this can be found in in rule 2.03 of the Solicitors' Code of Conduct (Information about the cost). This part of the rule is complex and may appear confusing. This is because 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. 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.
Your solicitor will also tell you about any expenses the firm may need to pay on your behalf. 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.
How you will pay costs
Once you know what the costs of using a solicitor will be, your solicitor will advise you how these costs may be paid. In many cases—for example, a conveyancing transaction—you must be sure you can pay the bill when it arrives. In other cases—for example, a car accident—some or all of the costs may be paid by an insurance company. There may be other methods of paying your solicitor—for example, a conditional fee agreement (often known as a "no win no fee" agreement), or by obtaining legal aid. Your solicitor will discuss the various possibilities with you, depending on the type of matter and your circumstances.
Your solicitor may also discuss the risk of taking a particular action, versus the cost of doing so, and advise you not to go ahead.
If you want to change your solicitor
Your solicitor has certain rights in law to keep your file of papers or other items in his or her possession until you have paid the bill. If you decide part way through a matter that you want to change solicitor, this is perfectly acceptable, but you must pay your bill for the work done before the solicitor will pass on your papers to your new solicitor.
Complaints procedure
All firms of solicitors must operate a complaints procedure. Your solicitor should inform you in writing that you are entitled to complain if a problem arises, and to whom you should make your complaint. The details can be found in 2.05 of the Solicitors' Code of Conduct (Complaints handling). You may request a copy of the complaints procedure from your solicitor at any time.