When Do You Need a Solicitor or Lawyer? Common Situations in the UK

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When Do You Need a Solicitor or Lawyer Common Situations in the UK

Solicitors aren't cheap, so it's natural to wonder whether you really need one, or whether you can sort something out yourself.

The honest answer is that it depends. Some situations really do call for a solicitor, while for others you can often do it yourself and save money.

We've used solicitors several times over the years: for every house sale and purchase, for our wills, for a dispute over selling an inherited house, for advice on probate and belongings left behind, and for a sworn affidavit when applying to have a birth registered in another country.

So these are the situations where, in my experience, they're worth paying for.

Here are the most common situations where you might need a solicitor in the UK, and when you might not, including some examples and stories from my own experience.

Buying or selling a home

Buying or selling a property is the most common reason people use a solicitor.

You can legally do your own conveyancing, but if you're buying with a mortgage, your lender will require a solicitor or licensed conveyancer to act for you.

In reality, almost everyone uses one, as there's a lot at stake and plenty that can go wrong. We've used a conveyancing solicitor every time we've moved, for both selling and buying.

Here are some more things to know when buying a home.

Making a will or lasting power of attorney

You don't need a solicitor to make a will. You can write your own, as long as it's signed and witnessed properly.

But a solicitor is worth it if your situation is more complicated, such as having children from different relationships, owning a business, having property abroad or wanting to set up trusts. A badly written will can cause arguments and costs for your family later on.

We've used a solicitor to make our wills twice. Around ten years after writing our first wills, we relocated and our circumstances had changed, so our wills needed major changes.

It's a good reminder to review your will after any big life change, such as moving, having children, marrying or separating.

You can also set up a lasting power of attorney yourself through GOV.UK, although a solicitor can help if you're unsure.

We plan to use a solicitor again in a few years, to set up our lasting powers of attorney and to update our wills once our eldest becomes an adult.

If you're thinking about passing money on while you're alive, here's how much money you can gift tax free in the UK.

Getting divorced or separating

Since no-fault divorce was introduced, you can apply for a divorce online yourself without a solicitor.

Where a solicitor really helps is sorting out money, property, pensions and arrangements for the children.

A financial agreement isn't legally binding until it's approved by a court, so it's worth getting proper advice, especially if you own a home or have significant savings or pensions.

Arrangements for children

If you and your ex-partner can't agree on where your children will live or how much time they spend with each parent, a family solicitor can help.

You'll usually need to attend a mediation information meeting before you can apply to court, so mediation is often the first step.

Problems at work

If you've been unfairly dismissed, discriminated against, harassed or not paid what you're owed, an employment solicitor can tell you whether you have a case.

Before most claims can go to an employment tribunal, you have to contact ACAS for early conciliation.

This is a free service where ACAS talks to you and your employer to try to settle the problem without going to a tribunal.

There are also strict time limits, usually three months less one day from the problem, so don't wait too long to get advice.

A solicitor is also useful if you're offered a settlement agreement, and your employer will often pay towards the cost of the advice.

Being injured in an accident

If you've been hurt because of someone else's negligence, such as in a car accident, a fall in a shop or an accident at work, a personal injury solicitor can help you claim compensation.

Specialist personal injury firms, like attorneybrianwhite.com, deal with claims after car crashes and other serious accidents. Many work on a no win no fee basis, so you don't pay anything if you lose.

You usually have three years from the accident to make a claim.

For smaller road traffic injury claims in England and Wales, under £5,000, you can claim yourself through the government's Official Injury Claim service.

Motoring offences

Most motoring offences, like a single speeding ticket, can be dealt with without a solicitor. If you accept a fixed penalty, you'll usually get a fine and penalty points on your licence.

But if you're at risk of losing your licence, for example because you've built up points or you've been charged with drink driving or dangerous driving, a motoring solicitor can make a big difference.

Drink driving carries an automatic driving ban of at least 12 months. If you are an alcoholic or worried about your drinking, getting help early can protect your health as well as your licence.

Being arrested or questioned by the police

If you're arrested or asked to attend a police interview, always get legal advice. You have the right to free legal advice at the police station from a duty solicitor, whether or not you've been charged.

If you're charged with a crime, a criminal defence solicitor can represent you and explain your options. If anger or behaviour has played a part in what happened, it can also help to seek therapy alongside legal advice.

Disputes with neighbours, builders or companies

Disputes over boundaries, noise, faulty building work or money you're owed are often best sorted out by talking, or through mediation, first.

For claims worth up to £10,000 in England and Wales, you can use the small claims court yourself without a solicitor.

If the amount is bigger, or the other side has a solicitor, it's worth getting legal advice. If someone owes you money for work you've done, here's how to deal with unpaid invoices when self-employed.

Disputes over property or inheritance

Disagreements over property or inheritance can be some of the hardest to deal with, especially when people are being deliberately difficult.

When we inherited my mother-in-law's house, her partner wasn't included in her will. Instead, the will gave him the right to live in the house for free for as long as he wanted, as long as he maintained it.

He wanted some money from our inheritance, but we didn't have any money or savings to give him, so it would have to come from the sale of the house.

At one point he intended to move out, and would get his money then. So we wrote a letter promising to pay him a set amount from the sale, and we all signed it.

He then took it to his solicitor to make it an official document, so we had to get a solicitor to represent us and check it.

The agreement ended up being put on the property's title as a restriction, which meant the house couldn't be sold without a signed consent form from him.

He never moved out, and lived in the house until he died, which is when we could finally sell. He also didn't maintain the house, and over the years it fell into disrepair.

By the time we could sell, it needed completely stripping, had damp and needed a new roof, among lots of other problems, so we had to sell it for well under market value.

The money we'd promised him had also become part of his estate. His executors then had to complete the form to remove the restriction, and that's where things got difficult.

I think they were hoping to get more money, even though it was never intended for them in the first place and they weren't entitled to it.

They dragged out the process, taking months to complete a simple form and ignoring all the calls and emails from our conveyancer, which held up the sale. The first sale fell through.

Meanwhile, we were paying the bills on a house we couldn't sell.

This was years after the restriction had been added, and we used a different solicitor this time, as we didn't think the first one had given us the right advice.

In the end, we had a dispute solicitor draft a letter asking them to complete the form, or we'd have no choice but to take it to court for a judge to either enforce the signing or overrule the need for their signature, and we would take the costs out of their lump sum from the sale.

The letter annoyed them, but it made them finally take action, and they completed the forms through their own solicitor.

A letter from a solicitor shows you're serious, and it can be enough to move things on without anyone actually going to court.

Looking back, I don't think agreeing to the restriction was the right advice, and I wouldn't do it again.

Someone I know was later in a similar situation, and their solicitor advised them never to put a restriction like that on a property, because you can't sell your own home without it being removed.

If the other people involved don't want to sign, or simply ignore you for months, you're stuck.

So if anyone asks for something to be put on the title of your home, get advice on what it could mean when you come to sell.

Sworn statements and affidavits

Some official applications need a sworn statement, known as an affidavit, or a statutory declaration. These have to be signed in front of a solicitor or another authorised person, who witnesses you swearing that the contents are true.

I needed an affidavit when applying to have my birth certificate added to another country's register, so that I could then apply for a passport there.

Due to a family estrangement, it was impossible for me to supply one of the documents they required, so I had to provide a sworn statement, signed by a commissioner for oaths, swearing that the reasons I'd given in my letter were true.

It was a quick appointment and cost just £5 for the solicitor to witness my sworn statement. That's the official fee set by law for swearing an affidavit, plus £2 for each document attached to it, so you shouldn't be charged more.

Starting or running a business

You can set up a sole trader business or limited company without a solicitor. But a commercial solicitor can help with contracts, terms and conditions, partnership agreements, buying or selling a business, and protecting your brand or ideas.

Dealing with someone's estate

When someone dies, their estate needs to be sorted out, which is known as probate. You can apply for probate yourself, and many people do for simple estates.

If the estate is complicated, includes a business or property abroad, owes inheritance tax or there's a family disagreement, a probate solicitor can take the stress off your hands.

We've also used solicitors for advice on probate, and on what we could legally do about belongings left in an inherited house that belonged to others, when their family members refused to collect them.

Knowing exactly where you stand legally makes these situations much easier to deal with.

When you might not need a solicitor

You can often manage without a solicitor for:

  • Simple wills
  • Lasting powers of attorney
  • Applying for a divorce when you agree on everything
  • Small claims under £10,000
  • Accepting a fixed penalty for a minor motoring offence
  • Probate for a simple estate

Citizens Advice is a great free place to start if you're not sure.

We've also used an online solicitor service for advice before. It was cheap and instant, and meant we knew our rights before deciding whether to go down the more costly route.

For anything important, though, I'd always get final, official advice from a solicitor in person. Some home and car insurance policies also include legal expenses cover, which can pay for legal advice, so it's worth checking your policy documents.

Final thoughts

If there's a lot of money involved, your home, your job, your children or your freedom is at stake, or the other side has a solicitor, it's usually worth getting legal advice. For smaller, simpler matters, you can often do it yourself.

Not sure which type of lawyer you need? Here's my guide to the types of lawyers in the UK, and how to find a good lawyer or solicitor.

This guide is general information, not legal advice, so always speak to a qualified solicitor about your own situation.

When Do You Need a Solicitor or Lawyer Common Situations in the UK (1)