When to Seek Legal Advice
WellChild and Irwin Mitchell have worked in partnership on this article, in which we look at when to seek legal advice and where to find it.
This article has been created by Rachel Osborne, Associate Solicitor at Irwin Mitchell. If you have any queries you can get in touch with Rachel by email at [email protected] or call 0370 1500 100 Extension: 1549
WellChild and Irwin Mitchell share a vision to help build stronger communities. We have teamed up to create a legal section for the WellChild Information Hub. This article on when to seek legal advice is part of a series of legal articles aimed at families with children who have complex medical needs.
Finding yourself in a situation where you may need legal advice can feel stressful and overwhelming. It can be difficult to know whether you should instruct a solicitor to act on your behalf, or whether you can resolve the issue yourself. This article will help you think about when to seek legal advice and where to find it.
Where to Get Initial Advice
As a starting point, sometimes you can find the answer to your question by researching online. However, if the answer is not clear or you are unsure how to proceed, you may need to seek further assistance.
Some organisations can give you free initial advice, to help you decide how understand your options:
- The Citizens Advice Bureau offers advice on a large number of issues, and can be a useful starting point.
- Shelter may be able to provide advice if your query relates to housing.
- IPSEA may be able to provide advice if your query relates to Special Educational Needs provision.
Law firms often provide factsheets on their websites providing helpful information. These can be a good place to start.
For example, Irwin Mitchell offers guides on topics such as:
Some law firms provide videos, which answer Frequently Asked Questions relating to a specific area of law.
For example, Irwin Mitchell offers videos on several topics including:
The Court of Protection/ Deputyships
Medical Negligence
Education Law
If you would like to speak with a legal professional for further advice or guidance on how to proceed, many law firms offer an initial free consultation.
This can be a useful opportunity to:
- Ask questions
- Get further information
- Help you decide what to do next
Do I have to use the solicitor after the consultation?
No. A consultation does not mean you have to decide to instruct that solicitor.
You can:
- Choose another solicitor
- Decide not to instruct anyone at all
‘Instructing a solicitor’ means formally asking them to act on your behalf.
- Some employers offer access to legal advice as part of their benefit package, such as access to a legal advice helpline
- It is important to check whether you can access support through your employment.
- If you are a member of a trade union, they may be able to help you access legal advice. Speak with an advisor to see whether there is support available.
- Alternatively, they may be able to provide financial assistance towards the costs of obtaining legal advice, such as pursing a clinical negligence claim.
- Some insurance policies (such as home insurance, car insurance, travel insurance or similar) sometimes include access to legal advice.
- Contact your insurance company to check whether there is a legal advice service available.
- Even if your insurance company does not offer access to a legal helpline, your policy might include financial help towards legal costs, such as pursing a clinical negligence claim.
Representing Yourself
If you decide that you wish to represent yourself in a legal matter, without instructing a solicitor or barrister to act on your behalf, the following organisations may be able to provide support:
The Law Society has prepared a document setting out some helpful advice for individuals who decide to represent themselves, without legal support. Download Law Society Guidance Document.
How to Instruct a Solicitor
If you decide that you require legal advice and support from a solicitor, it is important that you instruct the right solicitor to support and guide you through the legal process and to ensure you achieve the best possible outcome.
When trying to find a solicitor, it can be difficult to know who to instruct to represent you, or what to do. Click on each of the yellow boxes for some helpful tips and things to consider, before instructing a solicitor.
Here a few useful suggestions on where to find a solicitor:
- An online Google search is the easiest place to start.
- Try to narrow your search, by setting out the area of law that you need help with.
- For example, you may search “family law solicitors” or “clinical negligence solicitors”.
Law Society
- The Law Society provides a list of qualified solicitors. You may wish to look at this.
Chambers and Partners
- Chambers and Partners ranks lawyers in the UK by different practice areas.
- You can find expert lawyers in your area.
- You can search for a solicitor by clicking the specific area of law you require assistance with and setting your area. This will then show you the top-ranked lawyers near you.
If your concern relates to medical negligence
- Action Against Medical Accidents (AVMA) website lists solicitors who specialise in medical negligence claims.
- Click here to find a solicitor for a medical negligence claim.
If your claim relates to a personal injury
- The Association of Personal Injury Lawyers (APIL) website lists solicitors who specialise in personal injury claims.
- This includes a a personal injury caused by medical negligence.
- Click here to find a solicitor for personal injury.
Most solicitors will have an online profile on their firm’s website. This usually includes:
- Their experience
- The types of cases they can assist with.
This information can help you to decide if they are the right solicitor for you.
Additional accreditations
Depending on the area of law, solicitors may have additional accreditations which can help you to check their expertise. Some organisation offer additional training and accreditation. For example, in medical negligence, solicitors may be accredited by organisations such as:
You can check whether the solicitor has an additional accreditation listed on their profile.
Reviews can give you insight into the experiences of previous clients.
- Many law firms have TrustPilot profiles with client feedback.
- Solicitors may also have Google reviews.
Looking at these reviews can help you get a sense of their reputation.
You may need to share personal or sensitive information with your solicitor, such as medical information or details of your family life. Because of this, it is important that you feel:
- Comfortable talking with them
- Able to be open and honest
Taking legal action can be very stressful and emotional. It is therefore important that you feel well-supported by your solicitor.
Legal fees can be a big concern. Depending on the nature of the issue you are experiencing, different funding options will be available. When approaching solicitors, ask them to explain all of the funding options that they offer, so you can consider what is right for you.
What to ask
When speaking with a solicitor, ask them to explain:
- Every funding option available
- How fees are calculated
- Whether payments are required upfront or later
- Whether payment is required if you do not “win” your case
Possible funding arrangements
Solicitors may offer:
- Upfront payment as work progresses
- Payment at the end of the case
- “No win, no fee” agreements, this can be helpful to minimise any financial risk to you in pursing a claim
- Other forms of financial support depending on the nature of your case
Always request an estimate of total fees so you can compare quotes from different firms.
The law can be very complicated and complex. It is important that you understand your legal position and your options clearly, so that you can make the right decision for you
When considering which solicitor to instruct, ask them to explain:
- How the law applies to your situation
- What your options are
- What the next steps will be
Do they explain clearly in a way that you can understand? You should feel confident that you fully understand the advice you are given.
The information in this article was correct at the time of publishing but may be subject to change
If you have any comments, ideas, or suggestions about this article don’t hesitate to get in touch with us at [email protected]
Please don’t forget to leave feedback on this article!
Rachel Osborne, Associate Solicitor
Rachel Carluke, Family Information Officer
First published: May 2026
Review due: May 2027
