This article provides some basic advice on how to go about choosing a solicitor, including how to prepare for an initial meeting with a solicitor to decide whether they are suitable.
There are many ways to go about finding and choosing a divorce solicitor, but here are some of the best:
- Recommendation - if you know someone who has been through a divorce, they may recommend their solicitor to you. This obviously can be useful, but bear in mind that just because the person recommending that solicitor had a good experience with them does not mean that you will too.
- Resolution - Resolution is an association of family lawyers who are "committed to the constructive resolution of family disputes". Resolution members follow a Code of Practice that "promotes a non-confrontational approach to family problems". Resolution keeps a directory of members on its website, which can be searched by postcode, name, town or firm.
- Expertise - how long has a particular solicitor been specialising in family law work? Generally, you can only find this out by asking, unless the information is on the firm's website. The other method of seeking expertise is by finding a solicitor who is an accredited specialist. Accredited specialists generally have to have a certain amount of experience doing that type of work and have to undergo an assessment to demonstrate their expertise. Resolution operates an accreditation scheme, and a directory of their accredited specialists, along with their particular specialisms, is on their website. The other accreditation scheme is run by the Solicitors Regulation Authority ('SRA'), which has several schemes, including general family law specialists and specialists in children matters. The Law Society lists all solicitors in its 'Find a solicitor' section on its website, and that will tell you whether a particular solicitor is a member of an SRA accreditation scheme.
- Legal Aid - if you require legal aid, then you will need to instruct a firm that deals with legal aid work. Community Legal Advice has a directory of all legal aid firms on their website - you can search by town/postcode, or by name, and should specify the relevant area of law, i.e. 'Family'.
What about quality standards?
Well, all firms offering a legal aid service must meet certain quality standards, and there is also 'Lexcel', the Law Society's practice management standard. These standards are mainly to do with the way that the firm is run rather than the quality of its advice, but do offer certain benefits to clients, such as better customer service and procedures to reduce mistakes.
Lastly, if you want to be really thorough you may check a solicitor's record at the Solicitors Regulation Authority website, to see if he or she has been found to have broken a rule of professional conduct, although the information only goes back to January 2008.
Schedule meetings with a shortlist of the solicitors of your choice and briefly discuss with them the situation you are in. Feel free to ask questions, especially about his experience in divorce settlements. From their answers, you should be able to glean on the extent of knowledge the solicitor has on the subject. Incidentally, preliminary consultations (as long as it’s not too in depth) are usually free of charge.
The First Meeting
Most firms of solicitors offer an initial interview (usually limited to 30 minutes) either for free or for a fixed fee of, say, £50. These interviews can be used not just for some cheap advice, but also to gauge whether you will be happy to instruct that solicitor to act for you - there is no obligation to instruct a solicitor just because you have had a free or fixed fee interview with them. You can also use the interview to find out how much the solicitor will charge, although it is perfectly possible to request charging rates when telephoning the solicitor to book the first appointment.
To get the most out of the first appointment many people will prepare a list of questions to ask the solicitor. This can be particularly useful where there are many issues to cover in a short space of time, such as divorce, arrangements for children and the financial/property settlement, and can avoid important matters being overlooked. Remember that the solicitor does not know the details of your case, so it is up to you to inform them of all the facts. As to examples of the type of questions to ask, see below.
If you are seeking advice on child support and/or financial/property matters it will be useful to take with you to the appointment a brief summary of your income, outgoings and capital, including pensions.
Other documents to take with you to the first meeting might include any papers that you have received from the court, any letters that you have received from your spouse's solicitor and your marriage certificate, if you wish to instruct the solicitor to commence divorce proceedings on your behalf. It would also be useful to take evidence of your identity too, if you think you may instruct the solicitor to act for you - the solicitor will require two forms of identity (one with a photo, such as a passport, and a recent one giving your address, such as a utility bill), to comply with money laundering rules.
Questions to ask your solicitor at the first meeting:
- How much will it cost to deal with your matter?
- How long will it take to complete the matter?
- Might you be eligible for legal aid?
- Does it make any difference if your spouse divorces you?
- Are your rights affected if you leave the matrimonial home?
- What factors affect arrangements for the children?
- What factors affect the financial/property settlement?
Take this opportunity to know more about the solicitor and/or the company, which he represents.
Try to find out if the solicitor can also act as a mediator and, if he is part of a firm, what other forms of service they provide. This factor is important if other aspects such as businesses or trusts will be affected in the divorce proceedings. While at the interview, do not be embarrassed to ask about their legal fees and the other costs your case will entail.
Large firms usually have a prepared brochure wherein their services; payment terms and appropriate charges are listed. Read this thoroughly and if there are items that you do not understand, ask that these be explained further. Be open about your budget and your requirements. If you do not feel comfortable discussing your financial status with the solicitor you’re meeting with, chances are you won’t feel confident discussing other parts of your life (related to the case) with him as well.
Normally, you can already determine which solicitor would be best for you after your meeting. There really are no hard and fast rules in determining who can best represent you. It’s normally based on your gut feelings. If you feel that you can trust the solicitor and are confident that he can do a good job for you then by all means, hire him. But if you have a nagging doubt about his capabilities or feel uncomfortable with him, then it’s best to consider other solicitors. There are other factors, which may help you choose which solicitor to take.
