Legal zone guide to dealing with a legal problem

December 15, 2008 by admin

Am I going to need help?
When you have a legal problem it is natural to think first about going to see a lawyer-usually a solicitor. That is of course one way of dealing with the matter and there will be any number of solicitors only to pleased to handle everything for you. The disadvantage is cost and sometimes the hassle involved. At around £200 an hour solicitors do not come cheap and for many people it is wise for them to consider alternatives before lifting the phone to make an appointment with a solicitor. So what are the alternatives? There are a number but it must be appreciated that if you are going to ' go it alone ' there are going to be demands on your time. It will depend upon the value you put upon your time and whether this is significantly less than a solicitor would charge.

What help is available?
The help which is available is going to depend very much upon the type of legal problem you have. The citizens advice bureau provide free initial advice on consumer matters, employment problems, welfare benefits, immigration, and housing matters. If you have a local Law Centre they will also probably be able to help in these matters. Be warned however that the demand on these free agencies is heavy and it is likely to be some time before you receive an appointment.

Many trades, industries and government departments run schemes to resolve disputes which enable you to submit a claim without any particular formality and certainly without the need to employ a lawyer. There are also a number of Ombudsman schemes to settle disputes and award compensation although this may often be limited. Some of these schemes work better and are more effective than others.

Quite a few legal matters are so straightforward that most people can deal with them with only a minimal amount of help. Thus it is not difficult to make a will and all that needs to be known is freely available. It is not much more difficult for anyone with the time to act as an executor in winding up an estate and again cops Help is available at minimal cost and into much the same category is presenting a divorce petition, bringing or defending a small claim in the County Court, and a host of other legal matters.

But those that have the time and inclination there is so much information now available online and elsewhere that it is easy to find out the basics of most legal matters and work out what needs to be done. Once this has been done can decide how much you are going to do yourself and what the help you are going to need. Very often that might only be downloading a legal document DIY kits or legal fact sheet at nominal cost. If specific advice is needed on your problem this can also be obtained quickly online for a small amount of money. Legal help is also available on the telephone. The Community Legal Services offers a free advice line (0845 345 4 345) for those who qualify for Legal Aid.

What if I go it alone?

Everyone (or at least those over 18) have the right to represent themselves in court. This need not be as fearsome as it may sound. The family courts in particular are intended to be user-friendly and the so-called small claims courts and most tribunals are intended for litigants in person. Judges are given an overriding objective of seeing fair play and they have a duty to make sure that a litigant is able to present his case properly and does not suffer by not being represented. If there is a lawyer on the other side he is obliged not to take advantage of you by not being represented and to explain legal and procedures points.In most cases, you may can have a McKenzie friend with you. This is a friend or a representative who is not a solicitor to assist you in court.
The key is preparation and having the courage and confidence to do it. Like so many other things there is plenty of information and guidance available online to help you deal with a court case.

What is it going to cost?

This is the million-dollar question to which it is not often easy to get a straight answer.
Sometimes a fixed quote is available. Thus you will always be able to agree a fee for a conveyancing transaction and often for something like preparing a divorce petition or issuing a claim. However with litigation there is always uncertainty as to the way things will go and therefore the amount of work involved. The answer is to authorise and agree the charge for each sector of work which becomes necessary. Solicitors in particular are unwilling to give a price per job (or part of job) and insist on charging for the time spent. If you agree to this make sure that you put a limit on the time and cost that can be spent or you can almost be guaranteed a nasty shock. Be wary of no win-no fee and do not expect to get anything for nothing from a law firm which is in business to make money.
There are few solicitors with any experience who charge less than £200 + VAT. A partner will charge significantly more and solicitors in the big cities and those dealing with specialist areas of law are likely to charge anything up to £700 an hour

Can I get any help with costs?

Legal aid(or public funding as it is now called) for civil matters still exists but only just and only for certain types of cases. To qualify you will be means tested and you will not be eligible if your income and savings are very much above benefits level. You will also have to pay back your legal aid under the Statutory Charge from any property or money recovered in a publicly funded action. The other problem can be finding a solicitor willing to undertake legally aided work.

A further source and possibility of help is from the solicitors or barristers pro bono group although the demands upon those solicitors and barristers prepared to work without charge far outweighs the availability.

Some people have legal expenses insurance often within their house or motor insurance policy.

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