There are plenty of situations where people deal with paperwork, negotiations and everyday problems themselves without needing professional help. With information now readily available online, it can be tempting to take the same approach when it comes to legal issues.
Sometimes that is perfectly reasonable. Not every form needs a solicitor and not every disagreement requires formal legal advice. The difficulty is knowing when a relatively straightforward situation has the potential to become a much bigger problem.
At AFG Law, our solicitors advise individuals and businesses across a wide range of legal matters. We often find that seeking advice at an early stage can provide clarity, identify issues that may otherwise have been missed and prevent avoidable problems later.
Do You Legally Have to Use a Solicitor?
In many situations, the use of a solicitor may not be necessary. There is generally no requirement in England and Wales to instruct a solicitor simply because you are dealing with a legal matter. People can prepare certain documents themselves, communicate directly with another party and, in some circumstances, represent themselves in court.
The more useful question should not be, “am I allowed to do this myself?” but “what could happen if I get this wrong?”
The answer will depend on what you are dealing with, the value involved and the complexity of the situation.
Do I Need a Solicitor When Buying a House?
You are not generally legally required to use a solicitor to buy a property. In practice, however, most buyers will need a solicitor or licensed conveyancer to handle the conveyancing.
This becomes particularly important where you are purchasing with a mortgage because your mortgage lender will usually require an approved conveyancer to deal with the legal work.
Conveyancing involves much more than transferring money to the seller. Your conveyancer will investigate the legal title, carry out searches, raise enquiries, review the contract and identify matters that could affect your ownership or use of the property. They will also deal with matters such as Stamp Duty Land Tax where applicable and registration at Land Registry following completion.
Problems involving boundaries, restrictive covenants, rights of way or previous alterations may not be obvious from viewing the house with the estate agents but could become very important after you have bought it.
What About Selling a Property?
The same applies when selling your home. Your conveyancer prepares the legal documentation, deals with enquiries from the buyer’s solicitor, arranges redemption of an existing mortgage and oversees the legal completion of the sale.
Problems can arise if information provided about the property is inaccurate or misleading. For example, questions may be raised about previous building work, neighbour disputes, property boundaries or rights affecting the land.
Having professional advice means you can ask how particular issues should be dealt with rather than guessing what information needs to be provided.
Do I Need a Solicitor to Make a Will?
It is possible to make your own Will. However, a Will is an important legal document and mistakes may only become apparent after you have passed away, when you are no longer there to explain what you intended.
Potential problems can include incorrect signing or witnessing, unclear wording, failing to deal with particular assets or not considering how changing circumstances could affect the Will.
This can become particularly important where you have a more complicated estate, own a business, have children from different relationships or want to make specific arrangements for a family member.
A solicitor can help ensure the document accurately records your wishes and complies with the necessary legal requirements.
What About Lasting Powers of Attorney?
You can prepare and register a Lasting Power of Attorney without using a solicitor. However, there are circumstances where advice can be particularly valuable, including where you want to appoint several attorneys, include particular instructions or have more complicated financial arrangements.
The consequences of mistakes can also be significant. A Lasting Power of Attorney is designed to allow people you trust to make important decisions if you are unable to do so yourself. Getting the arrangements right at the outset can provide reassurance for both you and the people you appoint.
Do I Need a Solicitor for a Business Contract?
Businesses regularly enter into contracts without having a solicitor review every agreement. The level of advice required will depend on the importance and value of the contract and the potential consequences if something goes wrong.
You may want legal advice where you are:
- Entering a significant commercial contract.
- Taking on commercial premises.
- Signing a long-term agreement.
- Providing personal guarantees.
- Buying or selling a business.
- Entering into an agreement with another shareholder or business partner.
It can be considerably easier to negotiate contractual terms before signing than to resolve a dispute about what they mean afterwards.
Do I Need a Solicitor for a Legal Dispute?
Not every disagreement needs to end in court. In fact, obtaining advice early may help avoid court proceedings altogether. A solicitor can explain your legal position, identify the strengths and weaknesses of your case and advise on the most proportionate way forward. This could involve correspondence, negotiation, mediation or another form of dispute resolution.
There are also deadlines associated with many types of legal claims. Trying to resolve matters informally for too long can sometimes create additional legal issues, particularly if an important limitation period is approaching.
When is DIY Legal Work Most Risky?
The risk of carrying out legal work without the use of a solicitor tends to increase where:
- Large sums of money are involved.
- Property or land is involved.
- The wording of a document will affect your rights for many years.
- Another party has professional representation.
- There is disagreement about what has happened.
- A legal deadline applies.
- You do not fully understand what you are signing.
- Getting something wrong would be difficult or expensive to reverse.
The fact that a document appears straightforward does not necessarily mean its legal consequences are straightforward.
Can I Speak to a Solicitor Without Asking Them to Handle Everything?
Of course. Instructing a solicitor does not always mean handing over an entire matter.
Depending on the type of work involved, you may be able to obtain advice about a particular problem, ask a solicitor to review a document or get help understanding your options before deciding what to do next.
This can be useful where you are comfortable dealing with some aspects yourself but want professional guidance on the areas carrying greater legal risk.
Is Using a Solicitor Worth the Cost?
Legal fees are understandably an important consideration. However, the cost should be weighed against what is at stake.
If you are buying a property worth hundreds of thousands of pounds, signing a lengthy commercial lease or dealing with a substantial dispute, the consequences of overlooking an important issue can considerably exceed the cost of obtaining advice.
A solicitor’s role is a lot more than completing paperwork. The role of a solicitor is also to identify risks, explain your options and help you make an informed decision.
When Should You Seek Legal Advice?
There is no universal rule that says you should contact a solicitor whenever a legal question arises. For straightforward, low-risk matters, you may feel comfortable dealing with things yourself.
However, if you are unsure about your rights, significant money or property is involved, you are being asked to sign an important document or a dispute is beginning to escalate, getting advice early can be worthwhile.
How AFG Law Can Help
At AFG Law, we understand that many people are unsure whether they actually need a solicitor when they first contact us. Our role is to help you understand the legal issues involved and the options available, so you can make an informed decision about what happens next.
From residential and commercial property to Wills, Powers of Attorney, probate, business matters and dispute resolution, our experienced teams provide practical legal advice to individuals and businesses across Bolton, Bury and the surrounding areas.
If you are considering instructing a solicitor but are unsure what level of help you need, contact AFG Law to discuss your circumstances with our team.