When You Need a Lawyer

Some problems are worth a lawyer from day one, and others are not. The useful skill is knowing which category you are in before you spend money or sign anything. This page sets out the situations that need representation, the free help that exists, and how to use a lawyer well. This is general legal information, not legal advice, and the names of documents, the thresholds and the procedures differ by country and jurisdiction, so check the rules where you live.

Matters where you should not act alone

Get a lawyer if the police want to interview you, if you are charged with an offence, if you face eviction or repossession, if child arrangements or care proceedings are involved, or if a court deadline has already passed.

Get help as well where the other side has a lawyer, where your home or a large sum of money is at stake, and where you must sign a settlement, a guarantee or a binding agreement. Early advice usually costs far less than repairing a bad outcome later, and a short consultation can stop a costly mistake before it happens.

• Duty solicitor - A lawyer available at court for those facing charges.
• Repossession - A lender taking property back because payments stopped.
• Settlement - An agreement to end a dispute, which is usually binding once signed.

Where free or low cost help exists

Look for legal aid schemes, duty solicitors at court, law school clinics, court based help desks, charities and trade unions. Many bar associations run free initial consultations on set days, and some local councils fund advice services for housing and welfare problems.

Unions cover employment and injury matters for members, often including representation at a tribunal. Insurance policies, bank accounts, credit cards and motoring organisations frequently include legal expenses cover, so check what you already pay for before hiring anyone new.

• Legal aid - Public funding for legal help, available on a means test.
• Law clinic - A university or charity service offering free advice.
• Legal expenses cover - Insurance that pays legal costs up to a set limit.

Choosing and instructing a lawyer

Ask three questions: what experience do you have with this exact issue, how will you charge, and what is your estimate of the total cost and timing. Ask about fixed fees and capped fees where the work is predictable, and ask what happens if the case runs longer than expected.

Confirm in writing what is included, covering letters, calls, court appearances and expert reports. Ask who will handle the file day to day, because a senior partner may delegate the work to a junior. Keep your own copy of every document you send, and ask for updates at agreed intervals rather than waiting for news.

• Fixed fee - An agreed price for a defined piece of work.
• Retainer - Money paid up front and drawn down as work is done.
• Engagement letter - The written terms of what the lawyer will do and charge.

What to bring to the first meeting

Bring a one page summary of events in date order, all letters and court papers, contracts, receipts, photographs and contact details for witnesses. Note the exact deadlines you have been given, including any date printed on a court form.

Write your questions down beforehand and take notes during the meeting. If the advice is to settle, or to drop the case, ask what happens if you refuse, and get the answer recorded. Ask what the next step is and who does it, so nothing is left waiting on you by accident.

• Chronology - A dated summary of the key events in your case.
• Disclosure - Documents you must hand over to the other side in a case.
• Next step - The specific action due after the meeting, and who owns it.

When you can handle it yourself

Small claims, simple consumer refunds, uncontested probate and straightforward letters to a neighbour or a trader are often manageable with court help desks and published guides. The forms are designed for people without legal training, and court staff can explain procedure even though they cannot give advice on your case.

Even then, pay for a short review of your documents before you file. An hour of advice is small against the cost of losing a case on a technical error such as the wrong defendant name or a missed deadline.

• Help desk - Court or charity staff who explain procedure but do not advise on merits.
• Litigant in person - Someone running their own case without a lawyer.
• Technical error - A procedural mistake that can end a case regardless of the facts.

Changing lawyers, and complaints

You can change lawyers at any time, though you will pay for the work done so far and you must retrieve your file. Ask for the file in writing, check the final bill against the estimate, and keep copies of everything the first lawyer sends you.

If a lawyer has been negligent or overcharged, most jurisdictions have a complaints body and a compensation fund. Report quickly, because complaint time limits apply. If a limitation period or a court deadline is running while you read this, get a qualified lawyer or a free legal advice service on the phone today rather than rely on a web page.

• Lien - A lawyer's right to hold papers until the bill is paid.
• Negligence claim - A claim that a lawyer's error caused you a loss.
• Ombudsman - An independent body that reviews complaints about lawyers.