Instructing a solicitor

Silicon_Geezer

Hi,
I am in the process of getting quotes from solicitors for the conveyancing on the house I am hoping to buy.

I am hoping that somebody could advise me a little bit on the process for instructing, please.

I was under the expectation that I could get a letter from each solicitor, which include their terms and a written breakdown of the fees, and that if I wanted to instruct them, I would sign and return the letter.

However, having spoken with one of them this morning, it seems that they are not prepared to send the letter (a "letter of care" if I remember correctly), until I verbally tell them that I will use them.

They will, however, send me a quote.

My question is, do I really need to see the details of the letter of care, before I decide to instruct them?

Does the letter of care include their terms?

I should of asked at the time, but didn't think quickly enough, and when I have called back I just keep getting the answerphone, so if anybody here could advise, I'd really appreciate it.

EDIT: Having done a bit more reading it seems that the letter is the "client care letter", and it seems that does include their terms.

Should I consider it a bit unusual that the solicitor declined to send me one until I verbally indicated that I would be instructing them?

They told me that they couldn't send one without opening a case file, which was a lot of work.

LandyAndy

I guess they won't send you a 'client care letter' until you are a client.

Silicon_Geezer

LandyAndy wrote: »

I guess they won't send you a 'client care letter' until you are a client.

It seems that way. But, regardless of what the letter is called, it seems to be where the terms and conditions are.

I'm a bit surprised that they want me to instruct them, and only then get a copy of their terms and conditions.

However, I'm not clear on what the situation would be if, after receiving the letter, I said that I didn't want to continue.

Presumably I can't be tied into their terms and conditions until I agree to them, and so haven't fully instructed them until I sign and return it. I have seen a post on another site, saying that you are charged a fee for being sent a client care letter.

MFSaver

OP, your situation is not unusual at all. The solicitor might be of the view that the time he takes preparing information/opening a case file for you could be better spent on billing other clients whom he knows will bring in guaranteed income. It also could be that the solicitor is so busy that he might be trying to put you off, but not doing so explicitly by offering you the possibility of a quotation.

The above is not to disparage you or the solicitor in question. The solcitior is simply seeing it from a business point of view. Of course the solicitor could be making a mistake and losing out on your business, but that is the choice he gets to make.

For now, I suggest getting the quotes from the different solicitors. That alone might help you shorten your list of solicitors.

Silicon_Geezer

MFSaver wrote: »

OP, your situation is not unusual at all. The solicitor might be of the view that the time he takes preparing information/opening a case file for you could be better spent on billing other clients whom he knows will bring in guaranteed income. It also could be that the solicitor is so busy that he might be trying to put you off, but not doing so explicitly by offering you the possibility of a quotation.

The above is not to disparage you or the solicitor in question. The solcitior is simply seeing it from a business point of view. Of course the solicitor could be making a mistake and losing out on your business, but that is the choice he gets to make.

For now, I suggest getting the quotes from the different solicitors. That alone might help you shorten your list of solicitors.

Thanks, I appreciate the advice, and I will finish getting the quotes, as you say.

However, I am still eventually going to get to the stage of having to instruct.

It seems that I probably won't get a client care letter until I do instruct. Are you able to advise me on what the situation is, if I instruct, get the letter and then am not happy with something in the terms?

Can I just respond and say that I am not happy to proceed on those terms, or am I already committed?

Catti

We only send a client care letter to clients once actually instructed. The quotations that we send out are quite detailed in what is covered and if, after initially instructing us, a client queries anything in the client care letter and wishes to back out, I guess we would just accept that. The situation has never arisen in reality as the client care letter is really just confirming things like complaints procedures, responsibility for the work, anticipated timings, money laundering rules and things like that.

Hope that helps.

G_M

Provided the quote you receive is comprehensive, and includes T&Cs relevant to the quote (ie any 'extras' like fee for Professional Indemnity Insurance, completing SDLT form etc!) you should be fine.

Make sure it's clear what happens if the deal falls through half way - no sale/no fee? Hourly rate charged for work to date? With capped maximum?........

Silicon_Geezer

G_M wrote: »

Provided the quote you receive is comprehensive, and includes T&Cs relevant to the quote (ie any 'extras' like fee for Professional Indemnity Insurance, completing SDLT form etc!) you should be fine.

Make sure it's clear what happens if the deal falls through half way - no sale/no fee? Hourly rate charged for work to date? With capped maximum?........

Thanks. This is the quote that I got.

img823.imageshack.us/img823/5636/conveyancingquote.jpg

I don't know if it has all of the relevant T&Cs.

As you can see, this firm doesn't have a no sale/no fee policy.

MFSaver

Are all your target solicitors withholding terms and conditions until you instruct them? If not, get quotes from all of them and compare the quotes from those who gave you T&Cs and those who did not. If their difference is negligible, just go for the solicitor that send you T&Cs for your peace of mind.

As Catti suggested, the client care letter is likely to be generic stuff, and I doubt that they will hide a fee/unfavourable term inside their letter. However do note that not all firms are like Catti's, and may charge you regardless. Different firms can have very different charging practices.

Confirm in writing with the solicitor that the quotation includes everything that is needed to complete the conveyancing, and that no other action or fee is required. This will cover your back in case he tries to push additional fees afterwards.

Silicon_Geezer

MFSaver wrote: »

Are all your target solicitors withholding terms and conditions until you instruct them? If not, get quotes from all of them and compare the quotes from those who gave you T&Cs and those who did not. If their difference is negligible, just go for the solicitor that send you T&Cs for your peace of mind.

As Catti suggested, the client care letter is likely to be generic stuff, and I doubt that they will hide a fee/unfavourable term inside their letter. However do note that not all firms are like Catti's, and may charge you regardless. Different firms can have very different charging practices.

Confirm in writing with the solicitor that the quotation includes everything that is needed to complete the conveyancing, and that no other action or fee is required. This will cover your back in case he tries to push additional fees afterwards.

Thanks (also thanks to Catti for her earlier post).

I don't have all of the written quotes in yet, only the one posted and other which is just in the form of an email.

I think I have identified the solicitor that I will most likely go with, but am awaiting their written quote.

Their rate seems pretty good, they are no sale/no fee, they are a member of the Law Society's Conveyancing Quality Scheme, and I have been very impressed during the conversations I have had with them so far.

I'll have to wait until I get their written quote, but if that seems OK, I should be going ahead with them.

timmyt

you get a quote, if appy they send you theor client Terms of Business. good luck