Suing

5. Lawyers

5.1 Choose a solicitor with litigation expertise and a track record.

• Your existing commercial or conveyancing solicitor is not necessarily an expert litigator.

5.2 Prepare for the initial consultation. Your solicitor's time is your money.

• Send a letter of instruction before your initial visit, summarising the claim, the facts and the evidence.
• Enclose indexed copies of relevant correspondence, notes, photographs etc.

5.3 Ask for an indication of how likely you are to win a court case, and whether it justifies the expense and risk.

• A good litigator will be able to provide a clear explanation of the legal position and an indication of the likely expense.

5.4 Ask for an initial estimate of costs. Once a case reaches court, costs can be several thousand pounds, even in relatively straightforward cases.

• Costs are usually based on an hourly rate. In some cases, it may be possible to agree a fixed fee.
• Hourly rates can be £500 or more for a senior London lawyer in a large commercial firm. Rates for junior London partners are about £200 to £360. Outside London, rates are lower.
• Barristers' costs are extra. Specialist barristers can cost thousands of pounds per day. You also pay for their written 'opinion'.
• Court fees are extra.

5.5 Ask for updates on progress and costs.

• You can ask for your final bill to be referred to the court to be approved as reasonable.