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Help with legal advice


Woman getting legal adviceThis information guide will help you:

  • find out how to get the most appropriate advice
  • what to expect from your legal adviser.

You can download our free information guide from the top right corner of this screen. 

Index

 

Managing your affairs

One of the commonest reasons older people look for legal advice is to set up formal arrangements to organise their affairs. These include wills‚ to establish what happens to your estate after your death; estate planning during your lifetime‚ to minimise tax liabilities and achieve any other objectives you have; and arrangements to manage your affairs if you no longer have the mental capacity to do so yourself.

As a general rule you do not need a solicitor to validate any formal documentation but you should consider how comfortable you are dealing with these matters and also what the consequences will be if you make a mistake. Solicitors and other professionals usually have insurance that you can claim against if they commit an error. If you do the work yourself‚ you will not have this protection.


What next?


For further information on putting your affairs in order contact the Age Concern Information Line.



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Free legal advice from advice agencies

You may not need to go to a solicitor to get the advice and assistance you need. Using a solicitor can be very expensive. A general advice agency such as your local Age Concern‚ Citizens Advice Bureau‚ or another independent advice agency‚ may be able to provide free information and advice to help you resolve your problem. They can sometimes also provide specialist advice and representation. If not‚ they should be able to refer you on to someone else who can help.

It may be better for you to go to an organisation specialising in a particular subject area. For example‚ if you have a problem with consumer goods or services‚ you could contact your local authority Trading Standards; or for a complaint about health services you could contact your local Patient Advice and Liaison Service (PALS).

What next?
See the useful organisations section for details of how to find an advice agency in your area.

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Other sources of free legal advice

If you are a member of a trade union you may be able to get free legal advice through the union‚ and not just on issues relating to your employment. You should contact your union to find out what they can offer.

Access to legal advice is also offered as a benefit of some bank accounts‚ insurance policies and other products. Check the terms and conditions of any you hold to see whether you qualify for such a service.

Law Centres provide free independent legal advice from solicitors‚ in areas of social welfare law such as welfare rights‚ discrimination law‚ housing‚ employment and community care.


What next?
To find out if there is a Law Centre in your area check your local phone book or use the contacts in the useful organisations section.

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How to find a solicitor

For some issues it is almost always in your best interests to seek advice from a solicitor; for example‚ if you want to claim compensation after having an accident that was someone else’s fault‚ or if you have a problem relating to immigration. If your local advice agency thinks you need to see a solicitor‚ they should be able to give you a list of firms in your area who specialise in the type of law you require.

You could also try the following options for finding an appropriate solicitor.

  • Community Legal Advice can provide details of solicitors and other advice providers in your area.  You can find an adviser specialising in a particular area of law and who will provide advice under legal aid.vice under legal aid.
  • The Solicitors Regulation Authority can also give details of solicitors in your area‚ including the types of law they specialise in. 
  • Local solicitors and other advice agencies will be listed in your local phone book. Try telephoning a few to compare the service they can offer you.
  • To find a solicitor to make a claim for compensation if you have been injured in an accident‚ you can phone Accident Line on 0800 19 29 39. This is a referral scheme endorsed by the Law Society. They will put you in touch with a specialist personal injury solicitor in your area.

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What to expect when seeing a solicitor

If you arrange to see a solicitor you should check whether you will have to pay anything for the first meeting with them. Many solicitors will give you a free initial interview. They should discuss the issue with you and then explain your options for taking further action‚ including your options for paying. You could contact more than one solicitor to compare how they would deal with your case.

You should make sure that the solicitor covers the following questions in your first meeting:

  • What will it cost and how will you pay for it?
  • Are you eligible for legal aid?
  • What are the chances of the case succeeding?
  • How long is it likely to take?
  • Are there any deadlines for taking action?
  • What action will the solicitor take?
  • Will the person you meet be dealing with the case themselves? If not‚ who will it be?

The solicitor may not be able to give exact information about how long the work will take‚ or how much it will cost. But they should explain the basis on which the cost will be calculated and give a rough idea of how long each stage will take. If you agree with the
solicitor that they are going to do some work for you‚ they should confirm this in writing‚ setting out the details of what has been agreed.

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How to pay for advice

If you need to see a solicitor‚ there are a number of ways in which you can pay for the work they do for you. These range from funding through insurance to conditional fee agreements. Here is a brief outline:

  • Community Legal Service Funding (legal aid): This is not available for all types of legal work. You should ask your legal adviser whether it is available for your case‚ and whether you qualify for it. This will depend on your income and savings‚ and on the type of legal help you need. Even if you are eligible to receive legal aid‚ you may still have to make a contribution to your legal costs in some circumstances – you should ask your adviser to explain when this could happen.
  • Fixed fee: Solicitors will charge a fixed fee for some types of work‚ for example buying or selling a house‚ or drafting a will.
  • Hourly rate: You could pay your solicitor’s fees calculated on an hourly rate‚ depending on how much work they do. The hourly rate will depend on the experience and status of the solicitor. This can be very expensive and is not a realistic option for most people. If you are paying your solicitor on their hourly rate‚ remember that every time you contact them you will be charged for the time they spend on your case. Bear this in mind when phoning them for updates on their progress.
  • Legal expenses insurance: You may have legal expenses insurance as part of an existing insurance policy‚ for example as part of your household contents policy. You should check your policy or contact your insurer to see if you are covered. Depending on the terms of the policy‚ legal expenses insurance could cover all your legal costs and other expenses. Your insurer may try to insist that you use a particular solicitor‚ but you have the right to choose your own solicitor to act for you (once legal proceedings have started). If your insurer refuses to allow you to choose your own solicitor‚ explain this to the solicitor you would like to use and they should be able to advise you what to do.

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‘No win‚ no fee’ agreements

Conditional fee agreements: A solicitor may agree that you will only have to pay their fees if your claim is successful. This is sometimes called a ‘no win‚ no fee’ agreement. This does not mean there is nothing at all for you to pay if you lose your claim.

Usually‚ if you lose your claim you will be responsible for paying the other side’s legal costs and expenses‚ as well as any out-of-pocket expenses that your own solicitor has incurred (for example‚ the cost of getting an expert’s report). Your solicitor should be able to arrange insurance for you to cover this risk.

If you win your claim your opponent will usually be ordered to pay your legal costs‚ but they may not have to pay the full amount that your solicitor is charging you‚ or they may not have the money to pay. You will be responsible for paying any shortfall.

You should make sure that you fully understand what you are agreeing to before entering into one of these agreements. Your solicitor should explain the circumstances in which you could be responsible for  paying their fees‚ or your opponent’s fees‚ and any expenses.

There is another type of ‘no win‚ no fee’ agreement called a contingency fee agreement‚ which is common for cases in the employment tribunal. Under this type of agreement‚ if you win your case‚ you will usually have to pay your solicitor a percentage of the compensation that you have been awarded.

What next?

 

Community Legal Advice produces a leaflet on 'no win‚ no fee' actions: Call Community Legal Advice to request a copy.

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Claims management companies

Claims management companies are businesses that offer to run a claim for you‚ such as a personal injury claim‚ often on a 'no win‚ no fee' basis.  In the past‚ people have been left in debt‚ even though their claims have been successful‚ as they have had to pay off loans taken out to cover insurance relating to the claim.  These companies must now be authorised in order to operate lawfully.  Authorised companies will have to comply with certain rules‚ such as not marketing their services inappropriately.  For example‚ authorised companies should not approach potential clients in hospital to persuade them to make a claim.  Authorised companies should also give you a minimum 14 day cooling off period‚ and provide you with certain information before you sign a contract.

You can check if a company is authorised‚ or make a complaint‚ by contacting the Claims Management Regulation team at the Ministry of Justice.

 

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How to complain

There are rules about how solicitors should deal with their clients. If you have a complaint about how your solicitor has dealt with you‚ or if you think they have charged you too much‚ you should first try to resolve the problem directly with the solicitor. If you are not satisfied with how your complaint has been dealt with‚ you can contact the Legal Complaints Service. This is the independent part of the Law Society which handles complaints against solicitors.

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Useful organisations


Advice Now
An independent not-for-profit website providing information on rights and legal issues.

Advice UK
The UK’s largest network of free‚ independent advice centres.
Tel: 020 7407 4070


Age Concern
Find details of your nearest local Age Concern on our site‚ or call our Information Line on (free call) 0800 00 99 66.


Citizens Advice Bureau (CAB)
National network of free advice centres.
Tel: 020 7833 2188 (note: this number gives local contact details only‚ not advice).

Community Legal Advice
Free confidential legal advice on benefits and tax credits‚ employment‚ education‚ housing and debt‚ paid for by legal aid.  Information on these subjects and others is available on the website and in leaflets that can be ordered by telephone.  The service covers England and Wales.
Tel: 0845 345 4345 (lo-call rate)

Law Centres
Law Centres provide free specialist legal advice and representation. To find a Law Centre in your area call CLS Direct on 0845 345 4345 (lo-call rate) or visit the Law Centres Federation website.  

Legal Complaints Service
Tel: 0845 608 6565 (lo-call rate)

Patient Advice and Liaison Service (PALS)
Provides information‚ advice and support to users of health services. To find your nearest PALS contact NHS Direct:
Tel: 0845 4647 (lo-call rate)

Solicitors Regulation Authority
The regulatory body for solicitors in England and Wales which can provide details of solicitors in your area.
Tel: 0870 606 2555 (national call rate)


Trading Standards
Trading Standards offices are run by local authorities (the county council in areas with two-tier local government). Contact details should be in your local phone book.

Consumer Direct
A government-funded advice service is a national resource for consumer
information‚ including links to local Trading Standards:
Tel: 0845 404 0506 (lo-call rate)

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What should I do now?

If you would like more information on the issues in this guide please call the Age Concern Information Line free on 0800 00 99 66.

You can order free paper copies of all our information guides through our online Information Guide order form.  

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Related books

We also publish books covering many of the above issues in our online bookshop. The following book may be of particular interest:

 

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