Legal guides

  • 5 Common UK Legal Myths, Debunked

    This article corrects some widespread but inaccurate beliefs about the law in England and Wales, using publicly available guidance from regulators, Parliament and Citizens Advice. It is general information only, not legal advice — the exact position can still depend on your individual circumstances, so speak to a qualified solicitor or a free advice service such as Citizens Advice about your own situation.

    Myth 1: “We’ve lived together for years, so we have a common law marriage”

    Reality: there is no such thing as “common law marriage” in England and Wales, regardless of how long a couple has lived together. Citizens Advice is explicit that there is no single legal status created automatically by cohabiting, however long the relationship lasts. Unmarried couples do not gain the same automatic legal rights as married couples or civil partners — for example, over property, inheritance or financial support — simply by living together. Couples who want to formalise their arrangements can consider a cohabitation contract (a “living together agreement”) and a separate declaration of trust over property, but neither is created automatically by time spent living together. This is one of the most persistent misunderstandings in UK family law and is worth checking carefully if it applies to you.

    Myth 2: “Legal aid doesn’t exist any more”

    Reality: legal aid still exists in England and Wales, but it is now limited to specific types of case and is means-tested. According to GOV.UK, civil legal aid can still help with matters such as risk of losing your home through eviction or serious disrepair, domestic abuse, and some discrimination and family cases involving children — but it generally does not cover most debt problems or employment disputes (other than discrimination). Whether you qualify depends on both the type of case and your income and savings. You can check your own position using GOV.UK’s “Check if you can get legal aid” service, or by calling the Civil Legal Advice helpline. The service was significantly narrowed by reforms over the last decade, which is likely why the “no legal aid any more” belief has taken hold — but for the case types it still covers, it remains a real, if means-tested, option.

    Myth 3: “No win, no fee means it costs me nothing, even if I win”

    Reality: “no win, no fee” (a conditional fee agreement) means you generally don’t pay your solicitor’s basic fee if you lose — but if you win, a success fee is usually deducted from your damages. Under the Conditional Fee Agreements Order 2013, that success fee is legally capped, in personal injury cases, at 25% of the damages awarded for pain, suffering and loss of amenity plus past financial losses (future losses, such as ongoing care costs, are excluded from the cap and protected). It is a real deduction from money you are awarded, not a cost-free arrangement. It is also worth checking separately whether the arrangement covers what happens if you lose and the other side’s costs become payable — this is often handled through separate “after the event” insurance, which may itself carry a cost.

    Myth 4: “I always have 14 days to change my mind and cancel any contract”

    Reality: the 14-day cooling-off right under the Consumer Contracts Regulations only applies to specific situations — mainly things bought at a distance (online or by phone) or away from a trader’s usual premises — and it has important exceptions. It generally does not apply to things you buy in a shop, or to certain categories such as personalised goods, sealed items once unsealed, or services you have specifically asked to start (and agreed to lose the cancellation right for) within the 14 days. The rules on exactly when the 14-day period starts, and what a trader must tell you about it in advance, are detailed and vary by whether you are buying goods or a service — so it is worth checking the specific type of contract you have signed rather than assuming a blanket 14-day right applies.

    Myth 5: “Anyone can call themselves a solicitor if they know about the law”

    Reality: “solicitor” is a legally protected professional title in England and Wales, regulated by the Solicitors Regulation Authority (SRA). To use the title, a person must be admitted to the roll and hold a current practising certificate; using the title without authorisation is a criminal offence. You can check whether a named individual or firm is currently SRA-regulated using the SRA’s public Solicitors Register, which also shows certain published regulatory decisions (generally retained on the site for around three years). The SRA itself notes that a “no result” on the register does not automatically prove someone isn’t a solicitor working under a different regulator — but a search is still the quickest, free way to check before instructing anyone. See our guide on how to check a solicitor is regulated for the full process.

    Why these myths persist

    Most of these misconceptions spread because they sound plausible, are repeated casually, and rarely get corrected until someone is directly affected by the gap between the myth and the actual rule — often at a stressful moment, such as a relationship breakdown or the end of a legal case. Checking the primary source (a regulator, GOV.UK or Parliament, rather than informal advice) before relying on any of these assumptions is the safest habit, and costs nothing.

    Sources

    • Citizens Advice, “Living together and marriage – legal differences” — citizensadvice.org.uk
    • GOV.UK, “Legal aid: Eligibility” and “Check if you can get legal aid” — gov.uk/legal-aid
    • The Conditional Fee Agreements Order 2013 (SI 2013/689) — legislation.gov.uk
    • House of Commons Library, “No win, no fee funding arrangements” (CBP-7607) — commonslibrary.parliament.uk
    • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 — legislation.gov.uk
    • Solicitors Regulation Authority, “Check a solicitor’s record” — sra.org.uk
  • What to Expect From a Free Initial Legal Consultation

    This article is general information about how free initial legal consultations typically work in England and Wales. It is not legal advice, and a free consultation itself is not a substitute for full legal advice on your specific case — it is a starting point for deciding what to do next.

    Is a free consultation guaranteed?

    No. There is no legal requirement for a solicitor or law firm to offer a free initial consultation, and not every firm does. Where it is offered, it is a commercial choice made by the individual firm, not a rule set by the Solicitors Regulation Authority (SRA) or the Law Society. Because of this, it is always worth confirming directly with the firm — before you book — whether the first meeting or call is genuinely free, how long it lasts, and what happens (and what it costs) if you want to continue afterwards.

    What a free consultation is usually for

    A free initial consultation is typically a short conversation, often 15 to 30 minutes, used to:

    • Establish the basic facts of your situation and whether the firm handles that type of case at all;
    • Give you a preliminary view on whether you may have a valid legal issue worth pursuing further;
    • Explain, in general terms, what the likely process and timescale would involve;
    • Set out how the firm charges for further work — fixed fee, hourly rate or a no win, no fee arrangement — so you can compare it with other options; and
    • Let you assess whether you feel comfortable working with that solicitor.

    It is not usually the point at which a solicitor gives you detailed, case-specific legal advice you can rely on and act on — that typically follows once you have formally instructed the firm and they have reviewed your documents in full.

    How to prepare, so the time is used well

    • Write a short timeline of what happened, in date order, before the call. This is far more useful to a solicitor than a verbal account under time pressure.
    • Gather the key documents relevant to your situation — contracts, letters, emails, medical or financial records, or anything else central to the issue — even if you only bring copies or descriptions to a first call.
    • Note down your questions in advance, particularly about cost, likely timescale, and what they would need from you to take the matter further.
    • Ask directly what the consultation does and does not cover — for example, whether it includes a review of documents you send in advance, or is limited to a verbal summary of your situation.
    • Ask about cost transparency for next steps. For eight specific types of work — including conveyancing, probate and employment tribunal claims — the SRA’s Transparency Rules require firms to publish clear pricing information, which is worth checking on the firm’s website before the call.

    Questions worth asking during the consultation

    • Is this solicitor, or someone else at the firm, the person who would actually handle my case?
    • What are the realistic next steps, and what would they cost?
    • Are there any strict time limits (limitation periods) that apply to my situation?
    • Is a no win, no fee arrangement available for this type of case, and if so, what percentage or fee structure applies?
    • What information or documents would you need from me to give a fuller view?

    Checking the firm is genuinely regulated

    Before booking any consultation, it is worth confirming the firm is regulated. You can search the SRA’s public Solicitors Register to check whether a named solicitor or firm is currently authorised to practise in England and Wales. “Solicitor” is a legally protected title — using it without SRA authorisation is a criminal offence — so a quick register check is a simple, free safeguard. See our separate guide on how to check a solicitor is regulated for the full process.

    If you decide not to proceed

    A free consultation carries no obligation to instruct that firm. It is entirely reasonable to use the meeting to gather information, compare it with other firms or free advice services, and decide later — or not to proceed with a formal legal case at all. A good firm will make clear at the end of the consultation what, if anything, you are being asked to agree to next, and should not assume your continued instruction without your clear agreement.

    Sources

    • Solicitors Regulation Authority, “SRA Transparency Rules” — sra.org.uk
    • Solicitors Regulation Authority, “Check a solicitor’s record” (Solicitors Register) — sra.org.uk
    • The Law Society, “Find a Solicitor” — lawsociety.org.uk
  • Solicitor Fees Explained: Fixed Fee, Hourly Rate and No Win No Fee Compared

    This article is general legal information for England and Wales, explaining how solicitors are typically permitted and required to charge. It does not state what any individual firm charges, and it is not a substitute for getting a specific, written cost estimate from a solicitor before you instruct them.

    Why this is confusing

    Legal costs are one of the most misunderstood parts of getting help. Different firms charge in different ways for the same type of work, “no win no fee” is often assumed to mean entirely free, and headline fees do not always include every cost you will actually face. This guide explains the three main charging models solicitors use in England and Wales, in plain terms, using the regulator’s own transparency requirements as the basis.

    Solicitors have to publish price information for some services

    Since 2018, the Solicitors Regulation Authority’s Transparency Rules have required firms to publish clear price and service information for eight specific areas of work if they offer them to the public: residential conveyancing, probate, motoring offences, employment tribunal claims for unfair or wrongful dismissal, immigration (excluding asylum), individual voluntary arrangements, licensing applications for business premises, and, separately, general guidance on personal injury pricing. That information has to be prominent, accessible and easy to find on the firm’s website — so for these specific service types, comparing published prices before you contact anyone is genuinely possible.

    Outside those eight areas, firms are not required to publish a price list, but reputable firms will still give you a clear, written cost estimate before starting work — ask for this in writing if it is not offered.

    The three main charging models

    1. Hourly rate

    You are charged for the actual time spent on your case, usually billed in units of six minutes, at a rate that depends on the solicitor’s seniority and location. This model is common for complex or unpredictable work — contested litigation, for example — where the total amount of work cannot be known in advance. The risk is that a case that turns out to be more complicated, or that the other side contests at every stage, can cost significantly more than first estimated. A reputable firm should give you a written estimate and update you if costs are likely to exceed it materially.

    2. Fixed fee

    You agree a set price for a defined piece of work before it starts — for example, a straightforward will, an uncontested divorce, or a standard conveyancing transaction. Fixed fees work well where the scope of work is predictable and well understood. They give cost certainty, but only for the work covered by the quote: if your matter turns out to involve something outside that scope (a dispute arising during conveyancing, for instance), additional charges may apply, so it is worth asking exactly what is and is not included.

    3. No win, no fee (conditional fee agreements)

    Under a conditional fee agreement (CFA), you do not pay your solicitor’s basic fee if the case is lost. If the case succeeds, the solicitor is entitled to charge a “success fee” on top of their normal costs, as compensation for taking on the risk of not being paid at all if you lose. This success fee is not unlimited: under the Conditional Fee Agreements Order 2013, in personal injury cases the success fee is capped at 25% of the damages awarded for pain, suffering and loss of amenity, and for past financial losses — future losses (such as ongoing care costs) are excluded from that cap and protected from the deduction.

    Two things “no win, no fee” does not automatically mean:

    • It is not necessarily free even if you win — the success fee comes out of your damages, within the legal cap that applies to your type of claim.
    • It does not automatically cover the other side’s costs if you lose. In many cases, “after the event” (ATE) insurance is arranged alongside a CFA specifically to cover that risk — ask whether this applies to your case and what it costs.

    A related model, the damages-based agreement (DBA), charges a percentage of the damages recovered rather than an hourly-rate-based success fee; the two are structured differently and are worth asking a solicitor to explain side by side if you are offered one.

    Costs you should ask about regardless of the model

    • Disbursements — third-party costs such as court fees, expert reports or search fees, which are usually charged in addition to the solicitor’s own fee.
    • VAT — check whether any quote you are given is inclusive or exclusive of VAT.
    • What happens if the matter is more complex than expected, and how you will be told before extra costs are incurred.
    • Court fees — if your matter goes to court, fees apply on top of legal costs; those on a low income may be able to apply for fee remission (help with fees) through HM Courts and Tribunals Service.

    If you think you have been overcharged

    You can ask your solicitor for a detailed breakdown of a bill, complain to the firm directly, and — if unresolved — refer the complaint to the Legal Ombudsman, which handles cost disputes with legal service providers. There are time limits on referring a complaint (generally within six months of the firm’s final response, and normally within a year of the problem occurring or you becoming aware of it), so act promptly if you intend to challenge a bill.

    Sources

  • How Do You Know If You Need a Solicitor? DIY vs Professional Legal Help

    This article is general legal information for England and Wales. It is not legal advice and is not a substitute for speaking to a qualified solicitor about your own situation. If you are unsure what to do, contact a regulated solicitor or a free advice service such as Citizens Advice.

    Why this question matters

    Not every legal problem needs a solicitor, and not every legal problem is safe to handle alone. Getting this judgement wrong in either direction has a cost: paying for professional help you did not need, or missing a deadline, technicality or piece of paperwork that a solicitor would have caught. This guide sets out the practical factors that tend to separate the two, using publicly available guidance from Citizens Advice and the courts service, rather than any specific outcome or figure for your case.

    Signs you may be able to handle it yourself

    • The value is modest and the facts are straightforward. In England and Wales, money claims of £10,000 or less are normally allocated to the small claims track, a simplified county court process designed to be usable without a lawyer. You can start this type of claim yourself online through the government’s Money Claim Online service.
    • You mainly need information, not representation. Citizens Advice, Law Centres and free legal advice clinics can often explain your rights, the relevant process and your options at no cost, even if they cannot represent you in court.
    • The other side is not legally represented and the dispute is genuinely simple — for example, a single faulty item, a small unpaid invoice, or a straightforward consumer complaint that a company’s own complaints process or an ombudsman scheme can resolve.
    • You have time to research properly and are prepared to read the relevant guidance, keep organised written evidence, and meet every deadline in the process yourself.

    Signs it is worth involving a solicitor

    • There is a strict, easy-to-miss time limit. Many areas of law — employment tribunal claims, personal injury, contesting a will, and Financial Ombudsman referrals among others — carry limitation periods measured in months, not years. A solicitor can confirm the correct deadline for your specific situation before it passes.
    • Real money, a home, a child arrangement or your liberty is at stake. Higher-value claims, property and mortgage matters, family proceedings involving children, and anything with a criminal element are generally not suitable for a purely DIY approach.
    • The law or the paperwork is genuinely complex — multiple parties, a business dispute governed by a detailed contract, or a claim that depends on technical evidence such as medical or financial records.
    • The other side already has a solicitor or an in-house legal team. This alone does not mean you automatically need one too, but it does mean the process is likely to move at a pace and with a level of formality that is harder to match unrepresented.
    • You are not sure whether you even have a valid claim. This is exactly the kind of question a short paid or free initial consultation is designed to answer, before you commit significant time to a self-managed process.

    A middle path: limited or “unbundled” help

    Between full representation and doing everything yourself, some solicitors offer fixed-fee, one-off help — reviewing a document, advising on a specific point, or drafting a single letter — while you continue to run the rest of the matter yourself. This is sometimes called “unbundled” legal help. It is not available for every type of case, and you should ask any firm directly whether they offer it and what it costs before assuming it is available.

    Free ways to get an initial steer

    Before paying for anything, it is worth checking what free guidance already exists:

    • Citizens Advice covers a very wide range of everyday legal problems, including consumer, housing, employment and family issues, and can point you towards a specialist Law Centre or clinic if your issue needs one.
    • Civil Legal Advice (0345 345 4345) can tell you whether your situation might qualify for legal aid in specific case types, such as risk of losing your home, domestic abuse or discrimination.
    • Sector-specific ombudsman schemes — for example the Financial Ombudsman Service for financial products, or utility ombudsman schemes — can resolve many consumer disputes without any court process or solicitor at all.

    The honest summary

    There is no single rule that fits every case. As a general pattern: low value, straightforward, well-understood problems with no urgent deadline are often manageable yourself, using the free guidance available. Anything involving a strict time limit, significant money, your home, your family or your liberty is worth at least a short conversation with a regulated solicitor before you decide how to proceed — many firms offer a free or low-cost initial consultation for exactly this reason. See our separate guide on what to expect from a free initial legal consultation for how to prepare for that conversation.

    Sources

  • How to Check a Solicitor Is Regulated Before You Instruct Them

    This article explains how to check whether a solicitor or law firm is genuinely regulated in England and Wales. It is general information, not legal advice, and is not a recommendation or endorsement of any particular solicitor or firm.

    Why this check matters

    “Solicitor” is a legally protected title in England and Wales. To use it, someone must be admitted to the roll of solicitors and hold a current practising certificate issued under the oversight of the Solicitors Regulation Authority (SRA) — using the title without that authorisation is a criminal offence. Regulation matters practically too: instructing an SRA-regulated firm means your money is protected by strict accounting rules, the firm is required to carry professional indemnity insurance, and you have access to the Legal Ombudsman and the SRA Compensation Fund if something goes seriously wrong. None of that protection applies if you use someone who is not actually regulated, however professional they may appear.

    Step 1: Search the SRA’s Solicitors Register

    The SRA publishes a free, public Solicitors Register that lets you search for a named individual or firm and confirm whether they are currently authorised to practise in England and Wales. You can search by name or by the firm’s SRA ID number, and narrow results by decision type or date range if you are checking for regulatory history as well as current status. The register shows:

    • Whether the person is currently an authorised, practising solicitor and where they are based;
    • Whether a firm is currently regulated by the SRA;
    • Published regulatory decisions — for example fines, rebukes, conditions on practice, or firms the SRA has closed down and individuals it has prohibited from practising.

    The SRA itself is clear about a limitation: decisions are generally only retained on the public register for around three years, and “not all regulatory decisions are published.” A clean search result today is a genuinely useful signal, but it is not an absolute guarantee of a spotless history — if a decision matters to you specifically, you can contact the SRA directly for further information.

    Step 2: Use the Law Society’s Find a Solicitor tool

    The Law Society, the professional body for solicitors in England and Wales, runs a free “Find a Solicitor” directory covering firms and individuals regulated by the SRA. It allows you to search by the type of legal issue you have and your location, which is a useful cross-check alongside — not instead of — the SRA register itself, since the SRA is the actual regulator.

    Step 3: Ask the firm directly, and check what they tell you against the register

    Legitimate firms are generally open about their regulatory status and will confirm their SRA ID number if asked. If a person or firm is reluctant to confirm this, avoids the question, or the details they give do not match what the register shows, treat that as a serious warning sign before you hand over any money or sensitive documents.

    What regulation does not automatically tell you

    Being SRA-regulated confirms a person or firm meets the baseline professional and financial safeguards required to practise law — it is not, by itself, a guarantee of the best outcome, the lowest price, or that a particular firm is the right fit for your specific case. Cost, experience in your type of matter, and how comfortable you feel with the person handling your case are separate, legitimate factors worth weighing once you have confirmed the regulatory basics are in order.

    Other regulated legal professionals

    Solicitors are not the only regulated route to legal help. Barristers are regulated by the Bar Standards Board, and some public-access barristers can be instructed directly without going through a solicitor first for suitable cases. Licensed conveyancers, regulated by the Council for Licensed Conveyancers, and chartered legal executives, regulated by CILEx Regulation, are also legitimate regulated professionals for specific types of work. Each has its own public register — if you are checking someone with one of these titles rather than “solicitor,” search the register of the body that actually regulates them.

    If something goes wrong after you have instructed a regulated solicitor

    If you have a complaint about the service you received — not the outcome of your case, but issues like poor communication, unreasonable delay, or a billing dispute — the correct first step is the firm’s own complaints process. If that does not resolve things, the Legal Ombudsman can independently investigate complaints about legal service providers, generally within six months of the firm’s final response and within a year of the problem occurring or you becoming aware of it, so it is worth acting promptly rather than leaving a complaint unresolved.

    Quick checklist

    • Search the name and firm on the SRA Solicitors Register before instructing anyone.
    • Cross-check against the Law Society’s Find a Solicitor directory.
    • Ask for the SRA ID number directly and confirm it matches.
    • If using a barrister, licensed conveyancer or legal executive instead, check the register of the body that regulates that specific profession.
    • Keep a note of the regulatory check you did and when, in case you need it later.

    Sources

    • Solicitors Regulation Authority, “Check a solicitor’s record” (Solicitors Register) — sra.org.uk
    • The Law Society, “Find a Solicitor” — lawsociety.org.uk
    • Legal Ombudsman, complaint time limits and scope — legalombudsman.org.uk