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Instructing a lawyer
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Do I need a solicitor?
You may not think you do, especially if you and your partner have agreed everything. A solicitor will be able to tell you whether your agreement is fair and how to ensure that your agreement sticks. If you have not agreed everything a family lawyer can guide you through the procedure and advise you on what a court might decide in your particular case.
How can I find the right solicitor for me?
It is best to find a solicitor who has experience of family law cases. These days most solicitors specialise in specific areas of law, like crime or commercial matters. Resolution members are all lawyers with knowledge and experience of family law. In addition Resolution members are committed to resolving things in a non-confrontational way. Find a Resolution member.
Accredited specialists are solicitors who have passed an examination process and have demonstrated an expertise in certain areas of family law like divorce finances or issues relating to children. Find an accredited specialist.
If you are interested in mediation or collaborative law you need to choose members with specialist training in those fields. Find a collaborative lawyer or find a mediator.
Whoever you choose, you can ask for a short initial meeting to start with to ensure that you feel comfortable with your choice.
How do I know if my solicitor is any good?
A friend, relative or professional such as an accountant might recommend a lawyer to you. The training to become a solicitor is a rigorous process involving at least four years of higher education (university and beyond) and several years “on the job training”. In addition, by selecting a member of Resolution, you are selecting a solicitor who has made a commitment to resolve your problems in a non-confrontational way. The chances are, therefore that by choosing a Resolution solicitor you can be assured of instructing a “good” solicitor
In addition, there are questions you can ask which will help you get a picture of their experience:
- how long they have been qualified
- what experience they have had of your particular problem
- are they members of any specialist panels such as the Resolution accredited specialist scheme.
What will happen when I meet my solicitor?
At your first meeting, you can expect your lawyer to ask questions which will give them a clear picture of your individual circumstances. They will outline the various approaches like mediation, collaborative law and negotiation alongside court and based on the information you have given them will help you consider the best option for you.
What will my solicitor do?
Once you have asked a solicitor to act for you, they will give advice, handle negotiations, correspondence and any court proceedings on your behalf. To save costs, you or your lawyer may suggest steps you can take yourself. They will ensure throughout that they have consulted with you and are acting on your instructions.
You should agree whether you want letters to be sent to you at your home address or somewhere else and the best way for you both to keep in touch - through telephone calls, emails or further meetings - in order to keep costs to the minimum.
How should I prepare for meeting my solicitor?
Before your appointment, think about the advice you need. You might find it helpful to make a note of the questions you want to ask so that you don't forget anything. Your solicitor will tell you in advance of the meeting if there is any information that is required. It will help your lawyer if you collect together any documents or information you think might be useful such as bank statements and details of mortgages.
What should I tell my solicitor?
Although it might seem obvious, you should tell your lawyer everything that is relevant to the problem. The advice he or she gives is based on the information he or she has at the time. Your discussions are completely confidential.
