The key things to look for in lawyers’ terms and conditions - Vicky Crichton

When was the last time you read through terms and conditions before you signed them? Be honest now. When faced with pages of closely-packed text, a cursory skim is probably the most attention any of us give before signing on the line.

However, those terms are an important part of our consumer rights, setting out what we can expect from goods or services we’re buying, and what we can do if something isn’t up to the expected standard.

That’s certainly the case with legal services where you can expect a ‘terms of business’ or ‘letter of engagement’ setting out the work you’re instructing. There’s no standard format, and the letter should be tailored to you, but there are some key things the letter should contain.

Firstly, it should set out the scope of the work. That sounds obvious, but it’s a really helpful way to check that you and your solicitor have the same expectations about what work they’ll do for you – and what they won’t.

Vicky Crichton is Director of Public Policy, Scottish Legal Complaints Commission

It might also set out what your solicitor can expect from you. At the very least, that will mean keeping them updated about any changes in circumstances, including contact details. In some transactions, there might be tasks you will be required to complete and it’s important that you know how and when to expect those to avoid any delays.

The letter should give you a good indication of cost. Depending on the transaction, that might be a fixed fee (check the small print for any additional costs), but for more complex or unpredictable work, it might be an estimate or even an hourly rate. If you have any questions or concerns about the fees quoted, this letter is a great opportunity to raise it with the solicitor so you can get a better understanding of what to expect and what might influence the final bill.

There might be details on timescales, and it should set out how the solicitor will communicate with you, including when and how you can expect updates. Since most of us find ourselves using a lawyer in difficult or stressful situations, it’s natural we get anxious when we don’t feel we know what’s happening.

That’s where this static document really becomes a prompt for a conversation, for the solicitor to explain what to expect from them and you to agree how that will happen. If something is missing or unclear, it’s important to discuss this with your solicitor to avoid any misunderstandings or unrealistic expectations down the line.

Finally, the letter should tell you who to contact if you want to raise a concern about the service you’re receiving. You should be able to access the firm’s complaints policy and the terms should never restrict your right to complain or suggest you’ll be charged for doing so. The letter should also set out your right to complain to the SLCC if the firm doesn’t resolve your concerns.

The most common complaints we see are about communication, and the terms of business letter is a great tool to help avoid those issues arising in the first place. But that’s only the case where the consumer knows the importance of reading and understanding it to protect their own rights, and the firm makes the letter clear and easy to read. If it’s the start of a conversation about expectations, so much the better.

Vicky Crichton is Director of Public Policy at the Scottish Legal Complaints Commission