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What is a Solicitor? What Does a Solicitor Do?

 

I am a solicitor and I am often asked what solicitors do. Despite most towns in England and Wales having at least one firm of solicitors, a lot of people don't know why we're here and what we can offer.

Broadly stated, solicitors give "legal advice" and offer "legal services". That's why we're known as lawyers (we're one of two types of lawyers, the other being barristers).

What are "legal services"? They are remarkably wide-ranging. A legal service could be conducting the sale of a business, preparing Wills for husband and wife, drawing up a charter for a local Working Men's Club, helping an employee prepare an unfair dismissal claim, buying a house, drawing up contracts between companies, suing someone, preparing a Lasting Power of Attorney, offering "no win, no fee" personal injury claims, advising a person at a police station, assisting take-overs of multi-million pound businesses, and so on and so on.

No one solicitor is an expert on all these areas. I specialise in Wills, probate, Lasting Powers of Attorney and a few other things, but questions I have been asked include: "how does it feel to have to go to a police station at 3 a.m.?" and "I've made a CD, how do I copyright it?". Neither has any relation to my work. Like all solicitors, I am not an expert on all the law (it would be foolhardy to attempt it!), and instead I specialise so that I can offer the best possible service.

Also, no one firm of solicitors has experts on all areas of law (or if there is one, it's news to me!). Many law firms are "high street" firms, concentrating on the areas of law which affect many peoples' day-to-day lives, such as family matters, Wills, probate, conveyancing, employment and so on. Many law firms describe themselves as "commercial" firms, concentrating on services for businesses, such as contracts, take-overs, commercial property deals and so on. Other law firms concentrate, for example, on personal injury matters. Many firms, such as mine, sit in the middle of the road and offer a broad spectrum of services.

To find out if your local solicitor can help you, call them up and ask, or e-mail them via their website. You will be put through to a specialist who will tell you whether the firm can help and how much it should cost. Alternatively, seek assistance further afield. A few law firms have a progressive attitude to taking on clients at a distance, and will gladly receive calls from all over the country. One more option is to visit the Law Society website which lists all solicitors in England and Wales and gives details of their specialist areas.

Solicitors are more tightly regulated than most professions in this country. We are overseen by the Solicitors Regulation Authority, an independent body with the duel aims of ensuring excellent service and satisfaction for clients. My impression is that solicitors are shaking off the old impression of fuddy-duddiness. These days, English commercial firms are at the centre of the legal world and provide cutting edge services invaluable to their huge corporate clients, while many "high street" practices are modernising and becoming increasingly proactive.

Interestingly, no law firm in this country is a limited company. That's why solicitors' businesses are called firms, practices or partnerships (all essentially describe the same thing).

These days, non-solicitors are allowed to offer some (but not all) legal services. For example, there are many people called "Will writers" who offer cut-price Wills, and the same goes for conveyancing. Often, these provide a good service, and often not. For something as important as buying a house or making a Will, many people prefer to head for a firm of solicitors. With this comes the reassurance of professionals who have undergone structured and well regulated training over many years (and mandatory training on an ongoing basis) and close regulation of the business by the Solicitors Regulation Authority. On top of this is friendly face-to-face service, which is my favourite part of the job.

Tom Hiskey is a solicitor working for Winston Solicitors LLP, a law firm in Leeds, England