Choosing the right lawyer: key questions to ask yourself
Updated: 24 hours ago
If you have a legal issue, one of the first hurdles is deciding who to turn to for help.
There are many types of legal specialists and many ways in which legal services can be provided. Getting this right early on can save time, money and a good deal of avoidable stress.
Specific facts and circumstances matter a great deal, even at the selection stage, so in most cases there will be a number of factors to consider.
This article does not offer a universal formula for choosing the right specialist, but it sets out a few useful and important questions you can ask yourself to help you.
What legal expertise does my problem require?
Sometimes the answer is clear. If you are buying or selling a home, you will usually need a residential conveyancing specialist. If you need help with a divorce, you will need a family law specialist.
But many legal problems are harder to categorise. A property issue, for example, could involve a sale or purchase, a landlord and tenant dispute, a leasehold issue or a construction dispute. Each may require different expertise, despite all falling under the broad umbrella of “property law”.
Some matters also involve several areas of law. In those situations, you may need more than one specialist, or someone who can identify the different issues and coordinate the right specialists for you.
What qualifications and regulatory status do I need (or want)?
In some cases this will not be a choice because certain legal work is “reserved” and can only be carried out by appropriately authorised specialists. This includes conducting litigation and certain conveyancing and probate work.
For non-reserved legal work, it may be a question of personal preference whether your legal specialist should be regulated (or hold other qualifications).
This matters because regulation affects not only the work that a practitioner is authorised to carry out, but also the protections available to clients, including professional standards, insurance requirements and access to formal complaints and redress procedures. The precise protections can also depend on the regulatory status of the organisation through which the services are provided.
There are several types of regulated legal professionals in England and Wales. Solicitors are regulated by the Solicitors Regulation Authority (SRA), while barristers are regulated by the Bar Standards Board. There are also specific regulators for certain legal professionals such as Chartered Legal Executives and licensed conveyancers.
You may also come across titles such as “legal consultant” or “legal adviser”. These labels do not, by themselves, tell you whether someone is qualified or regulated. A legal consultant may be an experienced solicitor, while someone else using the same title may not be a regulated legal professional at all.
How do I want the services to be provided?
Once you have identified the right expertise and regulatory status, the final question is how you want to receive the service.
A full-service law firm has lawyers covering many different areas. A specialist or boutique firm usually focuses on a single area of law or a small number of related areas. A sole practitioner runs their own legal practice. A legal consultancy may offer a more flexible model, often with one main adviser who handles matters directly where appropriate and coordinates other specialists when needed.
Barristers commonly practise individually from chambers (although some may work within law firms or other organisations). Normally, clients would instruct a barrister through a solicitor, but there are some barristers authorised for Public Access work, which means they can also be instructed directly by members of the public.
Importantly, these service models do not themselves tell you whether the individual or organisation providing the services is regulated. It is therefore always worth checking their regulatory status and whether it meets your requirements or preferences.
There is no single best model. The right choice will depend on your matter, the resources required, how you prefer to work and your budget.
The bottom line
When choosing a specialist, start by asking the following three questions:
What expertise does my problem require?
What qualifications and regulatory status do I need (or want)?
How do I want the services to be provided?
The first two are about making sure you have the right person for the work. The third is about finding the way of working that best suits your needs, preferences and budget.
If you have a legal issue and are not sure where to start or what kind of legal assistance you require, Via Legalis can provide the necessary legal or strategic guidance for a suitable and efficient resolution.
The content published in this blog provides high-level legal information and insights only. It is necessarily general in nature and does not constitute legal advice, nor should it be relied upon as such. The law and regulatory position reflected in the content may change, and we do not undertake to keep blog content updated. Always obtain legal advice by reference to the specific facts and circumstances of your particular matter.