Suggested Questions to ask a Solicitor

Some useful questions to ask a potential solicitor about their ability to deal with your claim:

  1. How much time will you provide free in order to assess my case?  (Most solicitors offer at least a free half hour consultation). 
  2. Does your firm have a clinical negligence franchise from the Legal Services Commission? (Solicitors need to be on either AvMA's or the Law Society's clinical negligence panel to qualify for a franchise for public funding (legal aid).
  3. Which solicitor within the firm will have responsibility for my case?  Is he/she a member of AvMA's specialist panel?
  4. How much experience does he/she have of my particular type of case?  How many clinical negligence cases has he/she dealt with?
  5. How guaranteed am I that I will be able to speak to this solicitor?  How much of the work is delegated to other, more junior solicitors?
  6. If urgent action is needed because your case is close to the three year limit for making a legal claim, is the solicitor able to deal with it urgently, and are there any cost implications of this?

Other important questions to ask a solicitor:

  1.  How do you rate my chances of making a successful claim?
  2. What level of damages ('compensation') would it be realistic to expect if I am successful?
  3. How long would you expect the case to take?
  4. What are the costs likely to be to me?  (The solicitor you choose will advise you of whether you qualify for public funding (legal aid), and/or do a detailed breakdown of likely costs, how much of this will be needed to be paid for by you, and possible arrangements for insurance to cover the potential cost of your claim and of the defendant if you lose). Note different firms may have access to different 'deals' for insurance cover if you are using a conditional fee agreement (no-win no-fee). If your chances of success you may not have to pay anything up-front. Be sure to ask about any costs that are involved and require approval before you are committed to costs.

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