Property Litigation Hacks – What To Do Before You Instruct A Solicitor – It Could Save You Hundreds Of Pounds

Simon Waterfield

As the old saying goes, “time is money” and this could not be truer when it comes to solicitors. Solicitors generally charge by the hour. Each hour is broken down into six-minute units or one-tenth of an hour. This means that if you speak to your solicitor for 12 minutes you will be charged two-tenths of their hourly rate.

It is therefore essential that before you speak to your solicitor you are prepared, and you really think carefully about what information you want to get from them so that you get maximum value from their time.

Find a specialist solicitor

Firstly, do some homework on your solicitor and make sure that they are specialists. Don’t choose your solicitor simply on the cheapest hourly rate. A solicitor who charges £300 per hour but who knows her subject inside out and can get to the answer quickly is better than a solicitor who charges £200 per hour but only deals with your type of case occasionally and has to learn on your job.

So, when you first speak to your solicitor ask them about their experience and their recent successes. At Nelsons, our property litigation team is extremely experienced, and we welcome this type of conversation.

Putting together a detailed summary of your case

The next thing to do is to work out how you are going to explain your case to your solicitor. The best way to do this is to sit down and write out what has happened. If this involves a series of events, then this is best done by way of a chronology (i.e., a list of events in date order). Lawyers like detail so include things like:

  • Dates;
  • Times;
  • Names; and
  • Details of what may have been said.

If you think you have suffered financial loss, or could suffer financial loss, then list out what it is.

Gather your documentation

Next, you need to consider what documents you have. Examples of documents can be deeds, plans, or contracts. But your solicitor will also need to see any communications you have had with your opponent, such as texts, emails, or through social media. In any litigation, you will need to disclose all the relevant documents you have, whether they help your case or detract from it. So don’t destroy anything. It is better that your solicitor sees everything from the beginning and can only advise you on the information that you provide.

Your solicitor will assess your chances of success based on that information and will also estimate what your costs will be. If you produce new information, then this could alter your prospects of success and will inevitably increase your legal costs. At Nelsons, we are always clear about our charges and are happy to discuss and agree on our fees with you and how your case can be funded.

Once you have got your documents together you need to put them in order. You don’t want to pay a solicitor to do this. It would be a bit like getting a plumber in to mend your sink and then asking them to wash the pots before they start work.

Ideally, you should put each document in chronological order and then create a list. This is useful for both you and the solicitor because you then have a record of what original documents you have handed over.

Identification documents

Finally, to comply with money laundering regulations you need to get your passport or driving licence and a utility bill or bank statement current within the last three months ready to show your solicitor so that they can open your file.

You now have your information pack prepared and are ready to speak to your solicitor. Well done, you have saved yourself literally hundreds of pounds.

How we can helpInstructing Solicitor Property Dispute

Simon Waterfield is a Partner in our Property Disputes team.

At Nelsons, we are happy to have an introductory chat for free. Once we have your information pack, we will then give you an estimate of what our initial costs will be to assess your case. Once we have done that we can then give you an idea of how much it will cost to get to various stages and if needs be to Court.

Hourly rates can be frightening but remember most cases do not get to trial. With a skilled and efficient solicitor who knows their subject, you should be able to settle your dispute quickly and cheaply.

Finally, as the case progresses, when you contact your solicitor make sure you have thought about what information you need so that you can get the maximum value out of your contact with them.

Our expert team in Derby, Leicester and Nottingham is recognised in The Legal 500 as a leading property litigation team. We deal with all aspects of property litigation from landlord and tenant thought to land-based disputes such as restrictive covenants and public and private rights of way. So, if you have a problem, please get in touch with us via our online form or on 0800 024 1976.

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