When & how to use a solicitor

By Hien Duong

Hien Duong, Lawyer, shares his professional insights on choosing a solicitor - and optimising the services they provide.

At some time in your life you are likely to need the services of a solicitor - more so if you operate a small business. The question is, when do you need to engage a solicitor? More importantly, how do you make the most of your solicitor?

When do you need one?

You need a solicitor when you are considering entering into a transaction or adopting a course of action that will create legal obligations on your part.

The old clich? ?prevention is better than cure? applies to the question: when do you need to engage the services of a solicitor? The timing is also an important consideration. For example, it is common practice for purchasers to attend an auction without first having their solicitor peruse the Contract. If successful, the first time the solicitor sees the Contract is the following Monday after the auction. At this stage it is too late to request any amendments to the Contract as you are already legally bound by its terms.

Some people are reluctant to engage the services of a solicitor because they are concerned with the cost. The issue of costs is a legitimate consideration; however, the cost of engaging a solicitor should be weighed up against the cost of what you are proposing to do.

How do you choose one?

No solicitor can be experienced in every area of the law so it is worth the time and effort to find the solicitor who can meet your particular needs.

If you do not already have a solicitor, the best source of information is from family or friends who may be able to refer you to a solicitor to match your needs.

When choosing a solicitor remember that, at the end of the day, you are the employer and you should find someone you can respect and trust, one with experience in the area of law that concerns you.

Solicitors are generally busy people so to avoid waiting around in the reception, make an appointment before attending the solicitor?s office. When making the appointment, it is useful to convey the reason for your visit.

If you are unable to attend the solicitor?s office for any reason, you should ask if the solicitor can come to your work or home at a time that is convenient for both of you.

Be prepared

Prior to your meeting, it would be helpful to take some time to think about your legal problem, be it a simple conveyance or a complex dispute, so you are clear as to the information you need to get across to the solicitor.

Think about the documents you want to bring that are relevant. If you are in doubt as to whether a document is relevant, take it with you anyway.

If you have enough time it pays to write down, in chronological order, the relevant facts of your story. This will almost certainly save you time and money when you meet with the solicitor.

At the first meeting the solicitor will ask you a lot of questions to find out what your legal problem is, so if you have prepared a written chronology of the facts you should hand it to the solicitor immediately.

The meeting is a two way process where the solicitor endeavours to find out more about your legal problems and how best to solve them, but it is also an opportunity for you to get information from the solicitor.

Remember, you are the employer so do not be shy about asking questions. If you do not understand anything, ask for an explanation. This will avoid any misunderstanding at a later date.

The solicitor is there to help you so you should not withhold any information. It is natural to want to withhold information that you think is adverse to your situation. It is better, however, to be totally open and frank so the solicitor is aware of any potential issues that may arise. It is important to keep in mind that the quality of the legal advice you receive will be contingent upon the accuracy of the information you provide. Solicitors do not like surprises.

Some of the questions you may want to ask a solicitor for a litigated dispute are:

• Do I need to go to court or is there an alternative?
• What are my chances of success and what happens if I lose?
• What is the best and worst outcome that I may achieve?
• How long will my case take?
• What problems may arise?
• Who is going to do my legal work?
• Are you experienced in these types of cases?

Costs

The most important information you should come away with from the first meeting is the basis on which the solicitor will charge you. This will almost certainly be dependent on the type of matter involved. In matters such as conveyancing or leasing, the solicitor can, in most cases, give you an estimate of the likely costs. In other matters such as litigation or family law, it is unlikely the solicitor will be able to provide you with an estimate of the total costs but they will be able to tell you their hourly rate.

If you are worried about a blow out on costs you can fix a limit with your solicitor. If the limit is reached, the solicitor will have to contact you before performing further work.

It is also important to find out the frequency with which you will be sent bills for payment. In litigated matters, the normal practice is for solicitors to send monthly accounts; however, in certain instances the solicitor may agree not to charge you until the matter has been finalised.

Communicating with your solicitor

You have a right to know about the progress of your matter so don?t hesitate to ask for an update. However, you should keep in mind that the solicitor will usually keep you informed of any developments.

You should always tell your solicitor about any changes, or new information, that might affect your matter.

In summary, engaging the services of a solicitor doesn?t have to feel like pulling teeth; all it takes is a little preparation. You should be totally honest as your solicitor?s ability to help you is contingent upon the accuracy and completeness of the information you provide.

Remember you are the boss and the solicitor is only there to help you achieve what you want.