Advice centres and solicitors: similarities, differences and alternatives

Similarities between solicitors and advice centres

Non-discrimination

Solicitors and advice centre staff must not discriminate when they decide whether or not they will give you legal advice and help. A non-discrimination policy should prevent discrimination on grounds of race, sex, marital status or sexual orientation, disability, ethnic or national origins, colour, nationality, age, religion or belief.

Independence

Solicitors and advice centres are independent. This means that they act in your best interests and are not influenced by their own interests or those of government or anyone else.

Confidentiality

Both solicitors and advice centre staff can be trusted with private information; they have to keep it secret.

Insurance

Like anyone else, solicitors and advisers occasionally make mistakes. All solicitors and advice centres should have insurance to cover them if they make a mistake. If you are given incorrect advice which results in you losing out then you may get compensation.

Differences between solicitors and advice centres

Charging

Most advice centres including those that employ solicitors offer their services free of charge. This is because they are funded by government or charities. Firms of solicitors are businesses and charge for their services. However many firms have contracts with the government to provide legal aid. So if you are eligible you may be able to get part or all of the advice you need free.

Legal proceedings (litigation)

Advice centres that employ solicitors, like Law Centres, can take a case to court, whilst all solicitors can do this.

Training

Most people working in advice centres do not have a professional legal qualification. However you will find one or more solicitors employed in a Law Centre. Generally, training is done 'on-the-job' and through courses for advisers. Solicitors have a professional legal qualification and have to do at least 16 hours further training each year to improve and update their general professional skill and knowledge.

Alternatives to court

There is often another option - in many circumstances you can choose to solve your problem through mediation or conciliation. This is where you, and the person you have a disagreement with, meet with an independent third party who knows how the law works, and you try to come to an agreement yourselves. Your agreement can then be written up as legally binding if you wish.

Mediation can be particularly useful in helping you come to an agreement on child residence and contact issues, or the financial settlement as part of a divorce. It can also be useful for other disputes where you have to get on with the other person in the future, like problems with neighbours or at work. There are also some mediation schemes for personal injury or small claims.

Using mediation as an alternative to court tends to be cheaper. However, you may need to talk to an adviser or a solicitor to check that any agreement you make is fair and reasonable.

For some disputes you can consider using an arbitration service or making a complaint to the ombudsman. In arbitration the independent third party makes the decision, rather than helping you to come to an agreement. Ombudsmen are independent organisations that investigate and resolve complaints about public and private organisations. The big advantage of ombudsmen is that they are free to the user.

December 2005