From Lawpack's Affordable Law.
Finding a lawyer isn't difficult - there are over 70,000 solicitors working throughout the UK - the problem is finding the right one for you. Here are some questions to ask which should help you establish whether your lawyer is up to the job:
- Who is handling your case? It's essential that you know just who is running your case. Not every lawyer you see will be a solicitor (with professional training, regulation by the Law Society and professional indemnity insurance). It's not essential that it's a solicitor who works on your claim (it may be a paralegal or a legal executive) but it's essential that he or she reports to one. By contrast, claims assessors are not solicitors, are unregulated and provide little, if any, consumer protection. They also may charge considerably more than a lawyer.
- Can you see your lawyer at your own convenience? The ideal situation is that you can meet your lawyer in person whenever you want, at home or in his or her office. However, it's becoming more difficult, particularly in the lower value claims, to go and see your lawyer. Unfortunately, this is often the price to be paid with a lawyer provided by the legal expenses insurer or trade unions. It's always better to be able to deal with a person you can see.
- What are your lawyer's qualifications for the job? Ask your lawyer what qualifications he or she has that enables him or her to do the job. Find out whether he or she is a member of any of the Law Society's specialist panels or other specialist bodies.
- How many cases of this particular type has your lawyer worked on in the last two years? Your case may be particularly complex or very simple, but that's not necessarily a judgement you can make. However, it's essential that you have the right person for the job. A clinical negligence claim is a good example of this. This is a particularly complex type of claim and requires more than just a personal injury lawyer, however experienced or indeed competent. Ask the lawyer how many cases of this particular type he or she has worked on. If you're not happy with the answer, ask to see another lawyer from the organisation or look elsewhere.
- How many cases has your lawyer taken to a court hearing in the last two years? A good lawyer should never be afraid to take a case to court if necessary. The present court system encourages the settlement of cases wherever possible but often the best way of avoiding court is to prepare to go to court with your opponent believing that your lawyer is prepared to take your claim there. If your lawyer hasn't taken a case to trial or the court doors for settlement at least within the last two years, then you should be cautious.
- What is your lawyer's percentage rate of success in the last two years? The lawyer may have nice offices and impressive adverts, but does he or she actually win his or her cases? All lawyers, both firms and individuals, ought to be able to tell you not only how many of your sort of case they have worked on but how many they have actually won. Any reticence in revealing this information should lead you to look elsewhere.
- How many cases does your lawyer work on at any one time? The best lawyers are no better than average if they don't have the necessary time to work on your case. As a general guide lawyers involved in litigation should rarely have more than 150 cases.
- Have any successful complaints been made against your lawyer? If your solicitor will not answer this question, choose another lawyer! If he or she tells you that he or she has, then you will need to form a view as to whether the number and nature of complaints should cause you to seek another lawyer.
1 October, 2005