Why use a Legal Professional?

Practical

3 May

My professional areas of focus are an interesting mix of mental health and the law. In the psychology arena, I am particularly interested in grief, bereavement and loss; in the legal world, I used to specialise in Wills, Powers of Attorney and Probate. These may be different professions, but one thing they have in common is that consumers are often unaware that they may not be dealing with a professional - be it a counsellor or therapist.

So, how do you find a suitably qualified professional amongst the unregulated providers?

Legal Matters

Some legal services such as Probate, Litigation, representing someone in court and administering oaths are regulated activities, which means they are subject to strict rules. However, not all legal activities are regulated in England. Therefore, anyone can advertise certain legal services to the public. For example, Wills and Powers of Attorney are two of the areas of law that are not regulated, meaning that they do not have to be prepared by lawyers and many of the sales brochures that land on our doorsteps are advertising the services of people who are not qualified.

It is vital to ensure that you are happy with the person you instruct to assist you with your legal affairs. Regardless of what assistance you require, the following are reasons why you should consider using solicitors for all legal work:

All solicitors are regulated by the Solicitors Regulation Authority (SRA).
It is mandatory for solicitors to:
a.     Adhere to the SRA code of conduct
b.     Submit annual financial audits,
c.     Observe rules about finances and fair dealing with clients
d.     Follow mandatory practice rules, especially in relation to elderly and vulnerable clients.
Solicitors have to undertake a certain amount of training each year.
It is mandatory for solicitors to have full professional indemnity insurance so there is cover if a mistake is made.
Sanctions are imposed if solicitors fail to comply with their obligations.

This may sound like a lot of ‘red tape’, but these rigid regulations are in place to protect consumers. Most solicitors do not relish the strict rules or the huge effort it takes to maintain the high standards of practice. Nonetheless, these strict rules are what sets solicitors apart from the unregulated sector.

Here are the main reasons why I think you should use a legal professional:

Doing it yourself is risky: whether you are trying to navigate your way through a self-help book or using a DIY Will kit, it is not what you know that will trip you up – it’s what you don’t know that will be the problem.
A professional brings peace of mind: they ‘know their stuff’. They can ask questions you may never have thought of, and they should have the right qualifications.
It is worth the extra cost of finding a professional: if they, unfortunately, make a mistake, they have insurance that you can turn to.
Doing it wrong is more expensive in money and time: mistakes cost money, time and emotional effort to correct, so it’s worth trying to do it right in the first place.
How to find a solicitor: go to the Law Society website: https://solicitors.lawsociety.org.uk
Go for expert advice: members of the Society of Trust and Estate Practitioners (https://www.step.org) and Solicitors for the Elderly (https://sfe.legal) have done extra qualifications and should be top of their game.