All solicitors are the same,
aren’t they? Not necessarily so. Most solicitors tend to specialise these
days in one particular area of law.
The law
is such a complex beast, which is constantly changing and being updated, that
it is impossible for most mortals to know all of it and keep themselves up to
speed on all areas. This means that if the solicitor you are looking at claims
to do a bit of everything that may be a cause for concern.
Also,
different types of law involve different activities for solicitors which may
impinge on the service that you get. Some solicitors specialising in litigation
are out at court a lot which means that it may be very hard to get hold of them
during the normal court day, typically between 10am and 4pm. That may be no bad
thing because you may one day need them out at court on your case and someone
who is busy in court a lot may well be a specialist in that area that you need.
On the
other hand, someone doing conveyancing will rarely, if ever, appear in court so
should be more freely available for you to speak to them during the day. But
you would not want a conveyancer doing your divorce just because they happen to
be more available.
As a
general rule, it is best to find out what a solicitor's expertise is and chose
someone with the expertise relevant to your case. Be wary of a “jack of all
trades” – it is very difficult to have expertise in everything. Just because
they are a solicitor doesn’t mean they will know as much about conveyancing as
accident claims, for example.
So how do
you know if a solicitor specialises in a given area? There are a number of
sources of information:
Solicitors
are members of the Law Society. That is effectively the solicitor’s trade
union. It does not regulate solicitors, it promotes their interests and
educates the public and politicians about the concerns of the legal profession,
amongst other activities. However, it also has a useful website which allows
you to search against solicitors’ names or the names of their firms and see
what they say they specialise in.
That
information is coming mainly from the solicitors themselves and is not vetted
by the Law Society who disclaim any liability for it. Of course, just because a
solicitor says they specialise in a certain area does not mean that they do so.
The Law Society does have some accreditations which are more strictly vetted
so, for example, if a solicitor says they are accredited by the Law Society for
Clinical Negligence they will have had to pass some more stringent vetting in
that area, and it is more likely that they are true specialists.
There are
other accreditations around but be careful of some of them. Sometimes a
solicitor will have been accredited to join someone’s panel just because they
have paid an advertising fee. If any reliance is placed on the accreditation,
Google it to find out what the solicitor needed to do to get the accreditation.
The
Solicitors Regulation Authority (SRA) is the regulator for most solicitors.
Some conveyancers, for example are regulated by The Licenced Conveyancers
Council. But in short most solicitors will fall under SRA regulation. Again,
the regulator has quite a good website where you can check a solicitor or their
firm to find out a bit more about them. Additionally, you can also see whether
the solicitor has been in trouble with their regulator and has been disciplined
by them.
Regrettably
there are a small number of members of the solicitor’s profession who are
incompetent or downright dishonest and it is the SRA’s job to discipline those
people, which can include striking them off and preventing them from practicing.
But unfortunately, it is always the case that there will be a few rotten apples
in any barrel so don’t just assume that because someone has the title Solicitor
that they know what they are doing, and you are safe with them. A solicitor
regulated by the SRA though will give you the benefit of having to be in a
compulsory insurance and compensation scheme that should compensate you if
something goes wrong. They will be required to meet certain professional
standards set by the regulator.
You must
not pass yourself off as a solicitor if you are not regulated. But unfortunately,
there are a few people and organisations who try to do so. If in doubt check
whether they are regulated, on the SRA website, and think carefully before
using someone who gives the impression that they are a solicitor but is not
regulated. You could be giving up some important protections.
The
trouble with the Law Society and SRA websites is that the information you can
get, while useful, is limited. If you want to know more about a solicitor or solicitors’
firm their website is probably the next port of call. Does it contain
information relevant to the areas of law that you need help with? Are there
articles and news pieces on it? Are those up to date (a website where last
piece of news or commentary is dated 1999 may indicate a firm of solicitors
whose knowledge is similarly outdated)?
Look at
the profiles of the solicitors in the firm on their website – do they refer to
specialisms? Do they cite examples of cases similar to yours where they have
been able to help?
Awards
can be useful indicators of expertise. It is possible to win legal awards
simply by entering them, so award wins, in themselves, may not prove expertise.
But it does show that the firm is probably interested in the area of law enough
to fill in an award submission and enter it, which is a good start.
Positive
press or other media comment is similar. If the firm has a lot of mentions in
the media for its work in a given area that shows that they have some profile
in it and are interested enough to speak to journalists about it.
There are
other things that you can learn from the firm’s website or even social media
engagement. Is it easy to understand and written in plain English? If it is the
chances are that most of the firm’s communications are like that, so the legal
advice you receive may be easier to understand. If the firm’s public
communications are difficult to decipher and written in "legalese" it
is possible that the advice you receive if you instruct them may be the same.
One of
the big complaints about solicitors is that they sometimes do not express
clearly in a way that their clients can easily follow. Part of that is because
there is certain legal phrases and shorthand which most solicitors understand
to mean something, but clients may not. Part of the skill of a good solicitor
is getting to the heart of the client’s problem then setting the clients
options out in a clear and comprehensible way.
So, solicitors
communication skills are almost as important as their legal skill. There is no
point in hiring the most expert lawyer in the world if you can’t understand
what they are telling you or they can’t be bothered to ask you what you are
trying to achieve.
As well
as looking at websites it is worth testing this by ringing or emailing the solicitor’s
firm. Do they respond to your calls? How easy are they to get hold of? Are they
friendly or approachable on the phone? Can you understand their emails and are
they professional (it is unlikely that they will be able to achieve great
things for you if preliminary emails, for example, are misspelt or misdirected)?
If you
don’t feel comfortable with the solicitor or solicitors’ firm and their style
of communication it may be very difficult to work with them to resolve your
legal problem, so check these things out before you instruct them. If they
won’t engage with you when you are at the stage of making initial enquiries
that probably tells you all that you need to know.