Choosing a solicitor: 10 questions to ask before you instruct
What to ask a solicitor or conveyancer before you sign up, from what the fee covers to who will handle your case, so you can compare firms on more than price.
Comparing fees is the first step, but the cheapest quote isn't always the best value. A few questions before you instruct a firm will tell you whether the price is complete, who will do the work and what happens if things change. These apply whether you need a conveyancer, a will, help with an estate or a divorce, anywhere in the UK.
About the price
1. Is this a fixed fee, and what would make it go up?
Fixed fees are common for straightforward work. Ask what's outside the fixed fee: a leasehold property, a mortgage lender with extra requirements, a dispute, or an estate with assets abroad. Get the answer in writing.
2. Does the total include VAT and all disbursements?
Disbursements are the costs the firm pays to others for you, such as searches, registration fees and court fees. Some quotes leave them out or list them separately, which makes the legal fee look lower than the real cost. Compare Legal shows every firm's total including VAT and the disbursements it lists, so like is compared with like.
3. Will I pay anything if the matter doesn't go ahead?
House purchases fall through. Ask whether there's a "no completion, no fee" arrangement or what you'd pay for work done so far.
4. Do you pay or receive any referral fees?
If an estate agent, broker or website recommended the firm, the firm may pay them for the introduction. Firms must tell you about referral arrangements, but it's worth asking directly so you know whether the recommendation was independent.
About the service
5. Who will handle my case, and what are they qualified as?
You might deal with a partner, a solicitor, a licensed conveyancer, a chartered legal executive or a trainee supervised by someone more senior. All can do good work, but you should know who is responsible and who supervises them.
6. How will you keep me updated, and how quickly do you reply?
Ask how the firm communicates (phone, email or an online portal), how often you'll get updates and how quickly they aim to respond. Slow replies are the most common complaint about conveyancing.
7. How many similar cases do you handle?
A firm that regularly does your kind of work, whether that's new builds, Scottish purchases, contested estates or children arrangements, will spot problems sooner.
8. How long is this likely to take?
Ask for a realistic timescale and what usually causes delays. For a typical house purchase it's around 8 to 12 weeks; for a full estate administration it can be a year or more.
About protection
9. Who regulates you, and are you insured?
Solicitors are regulated by the Solicitors Regulation Authority in England and Wales, the Law Society of Scotland or the Law Society of Northern Ireland. Licensed conveyancers are regulated by the Council for Licensed Conveyancers. All must carry professional indemnity insurance. You can check a solicitor's details on their regulator's register.
10. How do I complain if something goes wrong?
Every firm must have a complaints procedure. If you're unhappy with the firm's answer, you can usually go to the Legal Ombudsman in England and Wales, the Scottish Legal Complaints Commission in Scotland, or the Law Society of Northern Ireland.
Before you sign
Read the client care letter or terms of engagement the firm sends you. It should set out the work, the fee, who is handling your matter and how to complain. If something you were told isn't in it, ask for it to be added.
Frequently asked questions
Is it worth paying more for a local solicitor?
Sometimes. A local firm can meet you in person and may know the area well. But for many matters, a firm elsewhere in the same jurisdiction can do the work just as well by phone and email. Compare on the total price and the answers to the questions above.
Can I change solicitor partway through?
Yes. You'll usually pay for the work done so far, and the new firm will ask the old one to transfer your file. Check your terms of engagement for any charges.
Sources
- Solicitors Register (Solicitors Regulation Authority)
- Legal Ombudsman
- Scottish Legal Complaints Commission
- Law Society of Northern Ireland
This guide is general information about the law and fees at the date shown, not legal advice for your situation. Rates and court fees change, so check the official sources linked above or ask a solicitor before you rely on a figure.