How to choose a solicitor for your business

When you choose a solicitor for your business, you are buying advice on a situation that matters to you, and the quality of that advice is hard to judge in advance. Several things can be checked, though: whether the firm is regulated, who will do the work, how the cost will be set, how you will be kept informed, and what happens if something goes wrong. This article covers each of those and suggests questions for the first conversation.

Check that the solicitor and the firm are regulated

Solicitors and law firms in England and Wales are regulated by the Solicitors Regulation Authority. You can check a solicitor or a firm on the SRA's register. A firm's website should also display the SRA's digital badge, which links to the SRA's information about the firm. Firms regulated by the SRA must have professional indemnity insurance, which meets claims against the firm if a client suffers loss because of a mistake.

Find out who will do the work

Ask who will handle your matter day to day and who supervises them. Many matters are shared between people with different levels of experience, with routine tasks given to someone with a lower charging rate, and that can keep the cost down when the work is supervised. What you need to know is who is responsible, whether they understand your business, and how you can reach them.

Ask about experience of similar matters

Ask how often the solicitor handles matters like yours, what issues usually arise, and what tends to add time or cost. A solicitor with relevant experience can describe the usual steps and the likely points of difficulty without referring to any other client's affairs, which they must keep confidential. If another adviser is involved, such as your accountant, a financial adviser or an HR consultant, ask how the solicitor will work with them and whether, with your permission, they will share drafts and advice with them.

Understand how the cost will be set

SRA rules require solicitors to give clients the best possible information about how their matter will be priced and its likely overall cost, at the start and as the matter progresses. For some services, such as residential conveyancing and uncontested probate, firms must also publish price and service information on their websites. For other work, ask:

• whether the work can be done for a fixed fee, and what that fee covers;
• if not, what the estimate is for each stage, and what would make it higher;
• what the disbursements are likely to be, such as court fees, search fees or a barrister's fees, and whether VAT is included; and
• how and when you will be told if the estimate is likely to be exceeded.

Agree how you will be kept informed

Agree at the start how often you will receive updates, in what form, and how quickly you can expect a reply to a question. For a transaction, ask for a timetable. For a dispute, ask to be told when a deadline is approaching and when a decision is needed from you.

Ask how problems will be reported to you. When something goes wrong, such as a weakness in your case or a delay caused by the other side, you need to hear about it promptly, because the options for dealing with it reduce as time passes.

Ask for a view and a recommendation

Advice is most useful when it ends with a recommendation. Where the right course depends on your commercial priorities, the advice should say so and explain how each option would serve them. At the first conversation, describe your situation briefly and ask what the solicitor would expect to recommend and what further information they would need to confirm it. The answer shows how they approach a problem and whether they have understood what you need.

Questions for the first conversation

• "Who will handle my matter day to day, who supervises them, and how can I contact them?"
• "Can this be done for a fixed fee? If not, what is your estimate for each stage, and what could increase it?"
• "From what I have told you, what do you expect to recommend, and what else do you need to know?"
• "What is the most likely way this could go wrong, and what would that cost?"
• "Which parts of the work could my business do itself to reduce the cost?"
• "How will you keep me updated, and how quickly will you tell me about a problem?"

Listen for direct answers. A solicitor may not be able to give a fixed figure or a final view until they have seen the documents, but they should be able to tell you what they need to see and when they will be able to give one.

Checks before the work starts

Before accepting your instructions, a solicitor must identify who they are acting for and check that there is no conflict of interest, for example because the firm already acts for the other side. You will usually be asked for proof of identity and, for a company, information about who owns and controls it. These checks can take a few days, so start them early if your matter is urgent.

What the engagement letter should say

Before work starts, you should receive a letter confirming your instructions, often called a client care letter or engagement letter. Read it before you sign or reply. It should set out:

• the scope of the work, including what is not included;
• the basis of charging, the fixed fee or estimate, the disbursements and VAT;
• the name of the person responsible for your matter and their supervisor;
• how to complain, and your right to take a complaint to the Legal Ombudsman if it is not resolved; and
• how either of you can end the arrangement, and what you would pay if that happened.

If anything in the letter does not match what you discussed, raise it before the work starts.

If something goes wrong

Raise a concern with the solicitor first, and if it is not resolved, use the firm's complaints procedure. If the firm has not resolved your complaint within eight weeks, or you are unhappy with its final response, you can take the complaint to the Legal Ombudsman, subject to the Ombudsman's time limits. Concerns about a solicitor's professional conduct, as opposed to the service you received, can be reported to the SRA.

Making the choice

The checks above, on regulation, the person responsible, experience, pricing, communication and the engagement letter, tell you how your own matter is likely to be handled. Ask the same questions of each solicitor you speak to, including us, and compare the answers.

If you would like to ask us these questions about your matter, send us a short summary and we will arrange a call with one of our solicitors.

This article is one solicitor's view and general information, not legal advice — always take advice on your own situation before acting. AD Solicitors is a trading name of AD Solicitors Limited, a recognised body regulated by the SRA (no. 8011228).