Unfortunately, many of us find ourselves in legal difficulties at some point in our lives. In fact, in 2021/2022, the Criminal, Civil and Family Courts had a combined caseload of around 3.1 million.
These situations can be pretty stressful and the law is complicated. So understandably, many people decide to get the best advice possible from a solicitor. However, the cost of solicitors and the way they work discourages many from seeking legal assistance. Whilst others feel that they do not need a solicitor to come to their rescue and want to put up a fight for themselves.
Of course, some legal issues are more complicated than others. This can make it tricky to determine whether you need expert help. That is why our Director, Qarrrar Somji, has answered the most confusing legal problems, according to how often the issue and phrases such as ‘do I need a solicitor to’ and ‘do I need a lawyer for’ are searched on Google. Read on to find out when you probably need to get advice and support from a professional.
1. Transferring Ownership of a Property
Whether you are buying or selling a home, you are separating from your partner or you are simply looking to give your child a step up on the property ladder, there are a number of reasons why you may want to transfer the ownership of your property into someone else’s name.
“Do I need a solicitor to transfer ownership of a property?” ranks as the number one issue where there is uncertainty about whether you need to turn to a solicitor.
“In some cases, the process of transferring equity is quite simple and you only need to arrange the documents, sign the deeds and send the documents to the Land Registry with the appropriate fee,” Qarrar says. “However, most cases are not this straightforward as parties may not agree on the terms or consent may be required from a mortgage company or a charge holder. Things can get even more complicated if there are restrictions on the property. Therefore, it is highly recommended to turn to a solicitor to guide you through the process.”
2. Remortgaging
Our research highlights that property is an area of law that most people may need help with. Coming in at number 2 is “Do I need a solicitor to remortgage?”.
“If you are borrowing more on your existing mortgage with your current lender, you may not need legal assistance. This is because there is no new legal charge involved in the transaction,” Qarrar explains. “However, a solicitor can advise you on how the process works and help you weigh up your options.”
“If you want to transfer from one lender to another, add an owner to a mortgage or remove an owner, you will need a lawyer’s help with the legal side of things.”
3. Personal Injuries
Every year, there are up to 50 million injuries caused by road traffic accidents. Not to mention, a survey revealed that 565,000 people were injured at work between 2021 and 2022. So, it is easy to see why “Do I need a personal injury lawyer?” takes the third spot.
“I always recommend negotiating with the other party before pursuing a claim against them. After all, if you need to go to court, a judge may look for reasonable attempts to reach an agreement.”
“It is strongly advised that you get advice from a specialist in this area. They will help you reach a fair agreement to avoid a court hearing,” he says. “If an agreement cannot be reached, the next best course of action is to negotiate via a mediator, especially if your claim is substantial and involves a large amount of evidence.”
“If mediation does not work and you will need to commence a claim, a solicitor will ensure that your best interests are protected.”
4. Getting Divorced
Every month, hundreds of people search “Do I need a divorce lawyer if we agree on everything?”.
“While some couples can come to a mutually beneficial agreement, there may be important things that you have forgotten about and are not included in your divorce agreement, such as vehicles, savings, pensions, stocks and shares and even future income potential. An equal split of everything may not be appropriate for every couple.”
“Plus, an inheritance received before the marriage may be considered a matrimonial asset if it was used to purchase something during the marriage, such as a family home,” he adds.
“Getting advice from a solicitor will help you avoid any problems later down the line if one spouse becomes significantly more successful or if one of you passes away and the ex-spouse is still listed as the beneficiary.”
“Solicitors are highly trained in legal writing and will help you draft and reach a fair financial agreement. The terms can then be put into a consent order, which will be sealed by the court and make the agreement legally binding. This will help you avoid litigation and is usually faster and cheaper than going to court.”
At a minimum, it is advisable to get legal advice if:
- You are agreeing on parenting rights and cannot agree on responsibilities
- You are allocating responsibilities for debts and liabilities
- You are dividing assets
- You are in a harmful or abusive situation
- You are splitting the marital home
- Your spouse has not responded to the divorce application
5. Writing a Will
“The short answer is that you can write a Will without a solicitor. You do not even need a solicitor to witness your Will.” However, he adds that “if you use the wrong wording or fail to follow the necessary formalities, this could invalidate your Will and mean that your wishes are not executed properly or your estate ends up paying significantly more Inheritance Tax than it has to. So, for your own peace of mind, it is a good idea to have a legal expert look over your Will.”
6. Car Accidents
If you have been in a road traffic accident, you may be wondering what steps you need to take to claim compensation. Part of this process may involve getting advice and support from a lawyer.
“Although there is no obligation to hire a lawyer after a car accident, making a claim can be overwhelming, especially if you have to take time off work or visit a doctor for rehabilitation.”
“The good news is that a solicitor will walk you through the process and advise you on the best course of action to take,” he continues. “Not to mention, they will help you determine the value of your claim based on pain and suffering and lost income and even handle all the necessary paperwork.”
“If you are facing a potential driving ban or criminal conviction, there is no need to worry. A solicitor can provide advice on how to avoid a ban when the decision is in the hands of a judge and even help you collect evidence.”
“While getting legal advice for a motoring offence is not mandatory, they will provide you with a realistic outlook on your circumstances and help you figure out the best course of action.”
7. Selling a House
“The simple answer is you do not always need a solicitor to sell your house,” says Qarrar. “However, it is worth noting that most mortgage lenders will insist that sellers have legal representation. Similarly, freeholders will usually insist that you get legal representation if the property is leasehold.”
8. Buying a House
“Though you can buy a house without the help of a solicitor, many mortgage lenders will insist that you use a solicitor so they can protect their own interests.”
“Whether you are buying or selling your home, getting advice from a solicitor will provide you with much-needed peace of mind. They will let you know about any hidden legal issues that could potentially impact the sale.”
9. Suing Someone
“Generally, small claims provide a low-hassle way of taking legal action for up to £10,000 against an individual or firm. As these cases are usually quite simple, you may not need a solicitor,” he explains.
“Still, you need to be confident that you have got a case and that the other party can pay. If you lose, you could be stopped from bringing your claim again and so it is important to ensure you get it right the first time. If your claim is for more than £10,000, you could end up paying more in fees and costs if you lose.”
”Before you make a claim, I recommend asking a solicitor to send a formal letter demanding that the other party pays the outstanding amount,” he says. “This will help to show that you are serious about collecting the money owed.”
10. Applying for Probate
“The short answer is no,” he says. “It is possible to go through probate without a solicitor. However, in some cases, the legal burden to correctly value the estate, ensure that debts are paid, collect the assets and ensure that everything is distributed according to the Will can be overwhelming.”
It is highly recommended to instruct a solicitor for probate if:
- The Will is likely to be contested
- The Will is not clear
- Money has been left in a trust
- The deceased has property abroad
- There are a range of assets involved, such as pensions, business, multiple properties and overseas accounts
“If assets are not distributed correctly or there is an unreasonable delay, you may be liable to the creditors and beneficiaries. But when you instruct a solicitor, you are protected if anything goes wrong. This is because solicitors are insured against such losses and are also regulated.”
11. Getting Custody
“Sadly, separated partners do not always see eye-to-eye when making arrangements that reflect the best interests of their children. There is no legal obligation to get legal advice from a solicitor if you are making or changing child arrangements.”
“But family court proceedings can quickly turn ugly,” he says. And, if your ex has legal representation and you do not, this could put you at a disadvantage. That is why it makes sense to get legal advice from a professional to minimise the effect of divorce on your children and ensure their best interests are protected.”
12. Change a Child's Name
“If your child is under 18, you can change their name by making an unenrolled deed poll or by applying for an enrolled deed poll from the Royal Courts of Justice. There is no legal requirement to instruct a solicitor. But it is wise to get legal advice if a person with parental responsibility objects to the name change because you may need to apply to Court to change the child’s name.”
13. Buying Out an Ex
“Technically, you do not need to go to a solicitor if you and your ex can come to an agreement and they are buying you out of a mortgage. However, as money is involved, there could be a potential conflict of interest. So, it makes sense to speak to a solicitor, especially if a dispute occurs.”
14. Managing Power of Attorney
“You can fill out the forms for power of attorney yourself. However, when you use a solicitor, you benefit from the peace of mind that the whole process is carried out legally. This can be especially helpful in cases where there are complex assets involved, such as overseas property and businesses.”
15. Filing for Bankruptcy
“Let’s face it, no one wants to find themselves in a situation where they are drowning in debt. If you cannot pay your debts, then filing for bankruptcy may feel like your only option. While you can file for bankruptcy without a solicitor, it is important to remember that bankruptcy can have serious implications for you and your loved ones.”
“For example, you could lose your home, your credit score will be affected and it may even impact your work or business,” Qarrar explains. “So, it is important to seek legal advice to determine whether this is the right option for you and assess the potential implications.”
Methodology
We used Ahrefs to analyse search data for terms containing the following keywords:
- Do I need a solicitor
- Do I need a lawyer
- Do you need a solicitor
- Do you need a lawyer
We then ranked these based on search volume and shortlisted the 15 most-searched questions. Variations of search terms, such as “car accident do I need a lawyer?” were excluded from the list.
If you have any questions about this report or would like to access the full dataset, get in touch at info@witansolicitors.co.uk.
