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Choose and manage a Solicitor

You can save your business a lot of time and money if you approach legal issues in the right way from the start. It is far easier to sort out any legal issues at the outset instead of later, when they can be more problematic and costly to solve.

There are a number of common legal errors made by businesses. For example, some don't take proper advice when signing a lease for their business premises and find themselves vulnerable to unexpected rent increases or hidden charges. Others make critical errors when setting up the legal structure of the business. And some going into partnership don't allow for the consequences if the relationship breaks down.

Choosing the right solicitor is an important part of the process. This guide outlines when a solicitor can help, how to find the best solicitor for your needs and how to manage the relationship.

A list of solicitors experienced in the area of business transfer is provide here


When will I need legal advice?

There are nine key areas where you may find it useful to take professional legal advice.

  • Company structure - whether to trade as self-employed, a partnership or a limited company, and to make sure the proper legal agreements are drawn up.
  • Business premises - negotiating and making sure you understand the terms of your lease. 
  • Dealing with regulations - many new regulations are specific to particular sectors. You need to be aware if they apply to you. 
  • Contract terms and service levels - you should be sure of your legal responsibilities to customers and suppliers.
  • Protecting your business ideas and confirming ownership - making sure any intellectual property rights to your product or service are protected and that you're not infringing the rights of other businesses.
  • Finance - the legal implications of raising finance - for example on your home - and agreeing terms with the lender.
  • Debt control - protecting you against bad debts and advice on debt collecting.
  • Franchising - anyone going into franchising needs to check all the small print with a specialist lawyer. See our guide on how to buy a franchise.
  • Employment law matters. See our guide on employment matters.

Find a solicitor

There are a number of ways you can find the right solicitor for your business.

The Law Society, the professional body for solicitors, offers the Lawyers For Your Business scheme which can put you in touch with solicitors in your area or with a particular specialisation who will give you a free initial consultation.

It's a good idea to ask other businesses of a similar size to yours or other businesses in your sector if they can recommend a particular solicitor or firm.

If you belong to a trade or a professional association it may be able to put you in touch with solicitors who are used to dealing with issues in your sector.


Choose a solicitor

Most legal firms cover the majority of issues that your business might need advice about. But if your needs are more complicated the Law Society can help you find a specialist in the areas you need.

Find a lawyer with a particular specialisation under the Lawyers For Your Business scheme on the Law Society website.

All solicitors must hold a practising certificate issued by the Law Society - unless they are only employed by your business. It's a good idea to make sure your potential solicitor has a certificate as it guarantees the solicitor is qualified and has insurance to protect you if anything goes wrong.

It's a good idea to ask for quotes from a number of solicitors - just as you would from any other service supplier. Once you've gathered a shortlist of potential solicitors, it's well worth meeting them face-to-face to make sure they will be suitable for you.

Most solicitors offer an initial interview free of charge. But make sure you're meeting the person who will actually be carrying out the work for you.

Solicitors usually charge on an hourly rate, but it is possible to agree a fixed spending limit so that you don't go over budget. Once you have worked with a particular solicitor and are happy with the service they have provided, it's often wise to develop a long-term relationship with them. If they understand the needs of your business, they will be more effective.

You can find a solicitor on the Law Society website.


Manage the relationship with your solicitor

Many businesses maintain a relationship with a solicitor they have used from the outset. But it's important to monitor that relationship to ensure you are getting the right level of advice for the money you are paying.

It's a good idea to check the range of services that a solicitor offers - there may be other areas they can advise on to make the relationship more cost-effective for you. They may be able to give you advice on employment law, for instance, or advise on the insurance you may need to protect your business in the event of a claim against you.

As with any business relationship, it is important that you monitor the effectiveness in terms of cost and efficiency of using a particular solicitor.

You should regularly check whether:

  • the advice you have been given has been useful or successful for you
  • you believe the solicitor has acted in your best interests
  • the solicitor's rates are in line with their competition
  • there are other legal issues that it may be more time and cost-effective for your solicitor to handle, rather than you handling them yourself in-house

Ten things you should ask your prospective solicitor

  • Do they understand the nature of your business? If not, it's often helpful to provide them with a written summary.
  • Is the solicitor happy to take you on as a client? And comfortable with the work you want them to do?
  • Are they qualified to act for you? Do they have a practising certificate issued by the Law Society?
  • What hourly rate will they charge?
  • Do they think what you are looking to achieve is realistic? If so, will they outline the steps they think you need to take to achieve it?
  • Will they explain things in clear plain language and not confuse you with legal jargon?
  • Will they provide you with real practical solutions and not just a legal commentary on your case?
  • Will they agree methods and frequency of keeping in contact, using face-to-face meetings, phone, letters or email?
  • Can they provide you with a client-care letter that sets out their terms of business and complaints procedure?
  • Can they outline what other services the firm may be able to provide as your business develops?

What to do if things go wrong

If you are unhappy with the service your solicitor has provided, it's best to follow some set procedures.

first, you should write directly to the person who handles complaints in your solicitor's business. This person should have been named in the client-care letter that the solicitor provided when they started working for you. Outline exactly what the problem is and ask them to confirm who will deal with it and how quickly they will do so.

If your complaint is about your solicitor's bill you should do this quickly as time limits apply if you need to take the complaint to the next level.

If you cannot reach agreement through your solicitor's internal complaints procedure, you can take your complaint to the Law Society's Consumer Complaints Service. This is an independent body that will try to arbitrate between you and your solicitor. It can also award compensation if appropriate.

You can call the Consumer Complaints Service Helpline on Tel 0845 608 6565 or find details on how to take the complaint further on the Law Society website. The progress of the complaint depends on whether it involves court action that has already taken place or is forthcoming.

Even if a complaint has not been resolved, you may need to pay at least part of your solicitor's bill. Check with the Consumer Complaints Service helpline for more detailed advice.

If the Consumer Complaints Service cannot resolve the complaint to your satisfaction, you may be able to complain to the Office of the Legal Services Ombudsman about the Consumer Complaints Service.

The Office of the Legal Services Ombudsman is unlikely to examine your original complaint - it usually only looks at how it has been handled by the Consumer Complaints Service.