SOLICITORS FOR THINKING PEOPLE

No one has to have a lawyer if they want to do the work themselves. You can negotiate a claim, represent yourself in court, settle any kind of tax liability, make or accept an offer for a house, form a company, buy or sell a business, draw up all manner of agreements and so on without using a lawyer.

The reason most people don't do legal work themselves is that they do not have legal training and experience. Law is an intricate matter.

Most people cannot afford to do without a lawyer. The exceptions are tribunals and, where sums of £750 or less are in dispute, the Sheriff Court. You should expect the judge and the court officials to help you manage on your own. You would be best to get advice from a lawyer first, however.

Choosing a lawyer

Any solicitor is part of a profession, and also an officer of court. A lawyer therefore cannot adopt underhand methods or unfair practices.

A lawyer has duties of confidentiality and must give best advice. A lawyer must be loyal to his or her client and avoid conflict of interest and, therefore, cannot act for two clients with different interests in the same matter, except in special circumstances.

Here's a check list for choosing a lawyer. If you tick an item in italics, you are probably right. In any other case, you should make further enquiries.

• a big firm with lots of business
• belongs to a local property group
• convenient, well-appointed offices
• experienced in the work I need help with
• has an ad in the paper
• offers, in writing, Terms of Business which are fair to both client and lawyer
• quoted the cheapest fees
• recommended by the Citizens Rights Office
• recommended by a friend
• recommended by your opponent's lawyer
• recommended by a business connected with the lawyer, e.g. accountant, bank, building society, estate agent
• specialises in the work I need help with
• will do all kinds of work
  

Since he or she learns all about you, it is good to have a "family lawyer" who has built-in knowledge of his or her clients without the need for fresh explanations. He or she may then not just act when trouble strikes, but advise in advance to avoid it.

How can I help keep the legal fees down?

Lawyers charge for their time. A summary of your problem in writing, setting out what is involved and enclosing all the papers (if any) can be a big help in saving time spent in consultation.

Here are examples of items of expenditure which can often be avoided:

• Letters confirming phone calls
• Phone calls confirming letters
• "Chatty" phone calls or interviews
• Matters not strictly relevant to the case, e.g. complaints that cannot be the subject of legal action
• Investigations which you could have conducted, eg tracing witnesses, obtaining documents
• Letters not essential to the conduct of the case
• Mileage and time charges for the solicitor to visit you
• Excessive enquiries as to progress
• Work needed because you have not answered requests for information.
• Speaking to, or calling upon, a solicitor when you could leave a message.

The above list does not imply that you should, for example, try to save expense by dealing direct with your opponent! Once you have instructed a lawyer, you should only deal with your opponent and the court through your solicitor. Just remember, when you see a lawyer, that the clock is ticking.

Thinking people

• make their wills
• leave medical directions (a "living will") in case they cannot communicate through illness
• grant power of attorney to someone trustworthy who can act if, and only if, they ever become incapacitated
• do not take recommendations for insurance policies or investments from agents who are paid by commission
• shop around for mortgages
• keep meetings and discussions with their lawyers brief and to the point
• choose their lawyer with care
  

Clients of BENNETTS are thinking people. Why not join them?

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