Why Solicitors Make The Difference

This article will clear away the myths and misunderstandings that Client’s may have when engaging a Solicitor.

Private Practice

The legal profession in England and Wales is divided into two different branches, namely Solicitors and Barristers. Solicitors are controlled by the Law Society of England and Wales. Barristers are subject to the discipline of The Innot Court to which they are a member and also affected by the activities of the General Council of the Bar of England and Wales. Solicitors can practice their own profession either alone, in partnership, or as employees of that partnership. Solicitors are also employed at public authorities, commercial concerns as well as Court clerks.

Choosing A Solicitor

Getting the right Solicitor is just as important as seeing the right Doctor, Accountant, Surveyor and any other professional person for that matter. The difference with Solicitors is that they are more likely to advertise and many will be well known because of the media and appearance in Court. The following points are however worth considering when deciding on a Solicitor.

A recommendation from a satisfied Client is a useful start.

Visit your local Citizen Advice Bureau and they will give you details of local Solicitors specialising in the type of work which you wish to see a Solicitor over.

Visit the local library, they will have the Law list which contains the names and addresses and other details of all Solicitors practising in England and Wales.

Ring up the local Law Society, Castle Chambers, Cook Street, Liverpool L2 9SH, telephone 0151 236 6998 or the National Law Society in London, their address is 113 Chancery Lane, London WC2A 1PL, telephone 0870 606 2500, their Website is www.lawsociety.org.uk.

Look on the Internet, frequently Solicitors have their own website and by searching through the website this will produce the names of Solicitors locally and from their website provide you with details of what their services include.

Safeguards which are in place when you engage a Solicitor

When you visit a Solicitor’s office and you wish to see a Solicitor, you should make it clear that it is any Solicitor that you wish to see.

When you engage a solicitor you are entitled to ask what the fee arrangements are at the outset.

The Solicitor should then immediately confirm in writing the arrangement entered into with you upon which the Solicitor has been engaged including providing you with a Client Care letter. If you do not receive such a letter then you can insist upon one being sent to you.

If you have responded to an advertisement from the Solicitor and believe that you have been misled by the advertisement, you should complain to the Solicitor concerned and if you do not receive a satisfactory reply then complain to the Law Society.

When you see a Solicitor it is important to establish a clear plan of action as to what steps need to be taken on your behalf, if there is a conflict of interest at any time in that you believe that the Solicitor is not acting in your interest or it transpires that the Solicitors practice are also representing another party you can insist upon steps being taken by the solicitor to withdraw from the case. A conflict of interest check should be carried out at early stage.

If you feel that the case is not progressing satisfactorily or is going too slow and you do not receive a satisfactory explanation from the Solicitor conducting the case then you are entitled to write to the Senior Partner to complain. It is far better that this course of action is taken initially, rather than simply to withdraw to other Solicitors, there can be a perfectly valid explanation as to why there is a delay.

The Law Society are there to regulate the Solicitor and to ensure that there are safeguards in place to protect Client’s money. A solicitor is required to keep a separate Client account in which the money is held on behalf of the Client, this money must not be mixed up with the Solicitors office account. There are strict safeguards requiring your solicitor to place the money on deposit and to account to the Client for interest.

Professional Conduct

If there is mis-conduct on behalf of the Solicitor, the Client is entitled to make a complaint to the Law Society who will in turn refer it to the Office for Supervision of Solicitors (OSS) their address is Victoria Court, 8 Dormer Place, Leamington Spa, Warwickshire CV32 5AE, telephone 0870 606 6565. That organisation is independent and the complaint will be investigated and where appropriate action taken against the Solicitor. This may include disciplinary proceedings and may also result in an award of compensation to the Client, currently the limit is £5,000.00.

If the Client is not satisfied with the way in which the matter is being investigated by the OSS they are entitled to challenge the decision of the OSS by complaining to the Legal Services Ombudsman who is appointed independently by the Lord Chancellor to oversee the handling of complaints of Solicitors, Barristers, Legal Executives, Licensed Conveyancers and Patent Agents. The Ombudsman cannot be a qualified Lawyer and is completely independent of the legal profession. The current Legal Services Ombudsman for England and Wales is M S Zahida Manzoor CBE. His address is 3rd Floor, Sunlight House, Quay Street, Manchester M3 3JZ, telephone 0161 839 7262, Website; www.olso.org

Compulsory Insurance

All Solicitors operating in private practice must have an independent professional indemnity insurance policy which provides a policy of insurance against any professional negligence claim.

The Law Society Compensation Fund

Each year all Solicitors in practice are levied with a requirement to pay into a compensation fund. The Council of the Law Society may make grants out of the compensation where the Council is satisfied that a person has suffered or is likely to suffer loss in consequence of dishonesty on the part of a Solicitor, or of any employee of a solicitor, in connection with the Solicitors practice. Grants out of the fund are most usually paid to those Clients or third parties who have suffered loss as a result of dishonesty or failure to account. Such payments will be paid promptly when an application is made to the compensation fund.

Bringing an action against a Solicitor for professional negligence

Solicitors pride themselves of handling their Clients case professionally and competently. Unfortunately things sometimes go wrong. This article is not going address the issues of what can go wrong in a case but when they do it is important that if you wish to conduct a claim against another Solicitor you engage the right Solicitor to deal with such a case. Great care must be taken in choosing that Solicitor. Engaging a Solicitor having experience of the type of work that your original Solicitor was handling is very important. Recommendations should be ontained from the local Courts, the Law Society and other professional organisations all of whom are extremely helpful.

In conclusion as can be seen from this article, the Law Society and the legal profession as a whole commits itself to operating the highest of standards when conducting a Client’s case, these safeguards are there to protect the public. The benefits therefore of engaging a Solicitor to represent you in your case cannot be overstated. No other profession has anything like the same amount of protection that the public has, complaints against Solicitors practices are rare but when they do happen it is important that the public have confidence in the professional body of solicitors that the complaints will be properly and independently investigated. It is hoped this article will give the reader peace of mind when engaging a solicitor.

Norman Jones is the Senior Partner in the firm of Norman Jones and is the Chairman of the Civil Litigation Committee of the Liverpool Law Society.