Having Difficulties With Your Solicitor: How To Put Pressure On Solicitors?
If you are dealing with a legal case, you are likely to want it completed as soon as possible. Sometimes, this means encouraging your legal team to deal with matters proactively. In this article we take a look at how to put pressure on solicitors so that your legal matter can progress as quickly as possible.
We only work with solicitors we know to have a high level of experience and who offer outstanding services as quickly as possible. This includes working hard to move matters forward, rather than waiting to be chased.
If you need legal help and time is of the essence, we will be happy to find you the right solicitor for your needs.
Otherwise, read on to discover how to put pressure on your current solicitors (and just remember we are here the next time that you need a solicitor)….
Asking Your Solicitor To Speed Up The Process
The first step is to have an honest conversation with your solicitor and find out exactly what the hold up is. Make sure they fully explain the process to you and that you understand why your legal matter is going more slowly than you would like.
Legal matters can be complicated at times, with many different parties involved and paperwork needed from different sources. It may well not be the fault of your solicitor, but they should make sure they keep you updated so that you know what is happening and why there is a delay.
They should also keep the pressure on other parties as far as possible to ensure that everyone is working hard to move matters along.
We take a look at conveyancing and family law, two areas where clients are always keen to finalise issues, and examine what might be causing a delay and what can be done about it.
Delays In Conveyancing Transactions
If you are buying a property, your solicitor will need to carry out extensive due diligence work to check that the legal title is sound and that there have not been any breaches of the restrictive covenants contained in the title deeds.
They will need to carry out searches and if the results reveal anything of concern, they may need to make further enquiries and ask questions of the seller’s solicitor. They will also need to have copies of planning consents and building regulations approvals for any work that has been carried out to the property.
Delays can occur when local authorities or other search agencies have a backlog and are not able to supply results promptly. It may also be the case that your seller’s solicitor is slow to respond to requests for information.
If you are in a chain, you will not be able to exchange contracts until everyone in the chain is ready. If anyone is experiencing a delay, for example, they have not received a mortgage offer or an issue has been revealed in their survey, then the whole chain will have to wait until they are ready.
Both your solicitor and the estate agent can keep the pressure on your buyer’s solicitor. Your solicitor will also be able to chase search results, although these are generally dealt with on a first-come, first-served basis.
You can help avoid delays by instructing a solicitor early on and providing the information they need promptly. This could include identity documentation, money on account of searches and initial forms.
By instructing an experienced conveyancing solicitor, you stand the best possible chance of completing without delay. If a legal issue arises, they will have the understanding to deal with it. The chances are they will have come across a similar problem before and they will have the expertise and legal know-how to resolve it promptly and effectively.
You are also advised to choose a solicitor with a good reputation for client service. They are likely to stay in close contact with you and keep you updated as to progress. They will also make sure they are available to speak to you to discuss any concerns and answer your questions.
Delays In Family Law Proceedings
If you are going through a divorce, you will need to finalise financial issues as well as put new arrangements for your children in place, if you have any.
The financial process can be lengthy. You will need to start by making a full disclosure of all of your assets together with evidence in support. Your solicitor will then enter into negotiations on your behalf with your spouse’s solicitor to try and reach an agreement.
If you are not able to do this, then you will usually be referred to mediation. A mediator will explain the services they offer to you both and you will be able to decide whether you wish to try this route to attempt to reach a settlement.
You will generally go through a similar process in respect of arrangements for your children. If an agreement cannot be reached, then you may be considering going to court.
Extensive backlogs in family courts mean that cases are taking around a year on average to reach a final hearing.
The best way to avoid this is to try to resolve matters without recourse to the courts. There are several methods of alternative dispute resolution which can be both quicker and more cost-effective.
Collaborative law is a round-table discussion between you, your solicitor, your spouse and their solicitor with the aim of reaching a negotiated settlement. It can be a much faster way to finalise matters, often taking around three to four months rather than a year. You can also schedule the hearings for times to suit you and you do not run the risk of it being called off at the last moment, which can happen with court.
Arbitration is similar to court but paid for privately. A senior family lawyer will hear your case and make a binding decision. Again, you can decide when you want to have a hearing.
Mediation is another effective way of dealing with matters. You will be helped to consider all of the options open to you and to work with your spouse to try and find an agreeable solution. The outcome will be one that is acceptable to you both, rather than an outcome imposed on you whether you like it or not, as is the case with court. It can also help you work with your spouse and prevent your relationship from degenerating further, which is particularly advantageous if you have children.
In most financial and children’s arrangements proceedings, you are required to at least consider mediation before you ask the court to intervene.
Contact Local Solicitors
Our expert local lawyers work promptly and proactively to avoid delays wherever possible.