Checklist for Dealing with Lawyers
Time for some good advice from the other side of the Bar!
You're already using a lawyer or thinking of using one.
You may have one and he will be dealing with one for the other side.
Here is an invaluable check-list to be looked at and used WEEKLY as your deal, property purchase or transaction progresses.
1. It's taken as a "given" that your lawyer has qualifications and works for a firm that has insurance, right? Not so. ASK.
Check that the firm you are proposing to use is actually registered with the Law Society and that the lawyer is also registered.
2. Ask about their insurance cover, what's the limit and what is their excess. Who is their insurance provider? (You might wonder why you’re asking this but just let me say….keep a note of their name and keep it near as it might come in handy some time.
3. Ask about a fixed price arrangement. Tell them you're not interested in hourly billing or time in line. What they do internally is of no interest to you. You want to agree a fee based on the % of the deal or a fixed £ amount...in writing!
4. Make sure that the lawyer you are dealing with is the actual lawyer who will do the work. If not, ask why not. Find out who the "point man" is and liaise everything through them. If they are in a big firm, then chances are really good that you will deal with several people and each time you talk to a new one, they will need to read up one the file to understand you and what you do…and they may charge you for that!
5. If you are an entrepreneur and you work out-of-hours and at weekend, tell them so and get a mobile number for your lawyer. Find out if you can use WhatApp or other apps. They may be very reluctant..but you need to find out.
6. If you expect a reply within the same day, make that very clear before you engage with them.
7. At the start of each week or as the week comes to a close, call up and ask if your lawyer is going on holiday or on a course or taking any time off at all. If so, ask for the contact details of who is taking their place. Many lawyers will talk to you on a Friday when you ask them to do something and they will say “Sure thing, I will talk to you soon, have a great weekend.” You call up on Monday or Tuesday only to be told they have gone on “annual leave for two weeks.” Their version of “soon” will be different to yours.
8. Double check the contact details. If they give you a mobile number, call it up, make sure they answer and have your number in their own 'phones memory! Make sure their email works and that they are physically located in the office that you expect.
9. Make sure they will reply to calls or emails or text messages, even if the reply is simply to write "Noted". If you expect this, tell them you expect it. Even a Thumbs up on WhatsApp is welcome. If so, ask for that.
10. Tell them that at least once a week, on a Tuesday afternoon at 3pm, you expect an update. Even if that update is to say "Nothing has happened" you expect an update.
11. If they have a data room that gets updated every time something happens, make sure that you have the login details and that you can access it before you need to. Once something significant happens, you will charge directly to the data room to see where things are and if you’ve not recently logged in, you might be kept out, so check.
12. Golden Rule; DO NOT Complete a transaction, any transaction, especially buying a property like a house for yourself on a Friday at the end of the Month - Make it a Wednesday mid-month. You will thank me for this I guarantee it. This is a Golden Rule!!