How to choose a lawyer and understand their fees
Most people hire a lawyer only a handful of times in their life, usually when something has already gone wrong: a dispute with a landlord or employer, a contract problem, an accident, a family matter. That makes it hard to judge who is good and what a fair fee looks like. This guide covers how to find a lawyer for an everyday problem, how to check they are licensed, and how the common fee arrangements work. It is general information, not legal advice.
Start by defining the problem
Lawyers specialise. A conveyancing solicitor is the wrong person for an employment dispute, and a criminal defence attorney is the wrong person for a will. Before you search, write down in a few lines what happened, what you want to happen, any deadlines you have been given, and the documents you hold. This helps you find the right specialist and makes the first conversation shorter and cheaper.
Check whether you already have cover. Home insurance, car insurance, trade union membership, some bank accounts and some employers include legal expenses insurance or a legal helpline. In the UK this is common and often overlooked.
Where to find a lawyer
- The regulator or professional body's directory. In England and Wales, the Law Society's Find a Solicitor service and the SRA's register. In the US, state and local bar associations often run lawyer referral services. In Canada, provincial law societies have directories and some run referral services. In Australia, the state or territory law society can usually point you to a referral service.
- Free and low-cost help. Citizens Advice and law centres in the UK, legal aid organisations in the US, Canada and Australia, and community legal centres in Australia. Eligibility rules for legal aid vary and are often tight, but these services can also tell you whether you need a lawyer at all.
- Recommendations from people who had a similar problem, not just from anyone who used a lawyer once.
Check they are allowed to practise
Before you pay anything, confirm the lawyer is licensed and in good standing.
- England and Wales: solicitors are regulated by the Solicitors Regulation Authority (SRA). Check the SRA's register, and look for the SRA digital badge on the firm's website. Barristers, chartered legal executives and licensed conveyancers have their own regulators.
- Scotland and Northern Ireland: the Law Society of Scotland and the Law Society of Northern Ireland.
- United States: each state bar keeps a lookup of licensed attorneys, including any public discipline. A lawyer usually needs to be licensed in the state whose law applies.
- Canada: the law society of the province or territory.
- Australia: the law society or legal services regulator in the state or territory, which can confirm a current practising certificate.
The main fee arrangements
Hourly rates
The lawyer charges for time spent, usually recorded in short units, including phone calls, emails, reading and drafting. Rates generally depend on seniority and location. Ask who will do the work: a junior lawyer or paralegal at a lower rate may handle much of it. Ask for an estimate of the total, not just the rate, and ask to be told before the estimate is exceeded.
Fixed fees
A set price for a defined piece of work, such as a will, a simple conveyance, a letter before action or reviewing a contract. Fixed fees give certainty but only cover what is listed. Ask exactly what is included and what triggers extra charges. In England and Wales, the SRA requires firms to publish price information for certain common services, such as residential conveyancing and probate, so you can compare before you call.
Retainers and money on account
"Retainer" means different things in different places. In the US and Canada it often means an advance payment that the lawyer holds in a trust account and bills against as work is done, with further top-ups requested when it runs low. In the UK the same idea is usually called "money on account". Some lawyers also use "retainer" for an ongoing monthly arrangement for regular advice. Ask whether any unused amount is refundable.
Contingency fees and no win no fee
The lawyer is paid only if you win or settle, usually from the money you recover. In the US and Canada these are called contingency fees and are common in personal injury cases. In England and Wales, "no win no fee" usually means a conditional fee agreement, where the lawyer takes a success fee if you win, or a damages-based agreement, where they take a share of the damages. Australia also has no win no fee arrangements, mainly in personal injury.
"No win no fee" rarely means "no cost in any situation". Ask who pays disbursements such as court fees and expert reports, whether you need insurance against paying the other side's costs if you lose, and what share of any award you would actually keep. In most places these arrangements are not allowed for criminal cases and are restricted in family matters.
Free first consultations
Many lawyers offer a short free or fixed-price first meeting. Use it well: bring your written summary and documents, ask whether you have a case worth pursuing, what the options are, and what the likely cost range is. A free consultation is usually a chance for both sides to decide whether to work together, not full advice.
The engagement letter
Before work starts, you should receive a written agreement. In the UK this is often called a client care letter; in the US and Canada, an engagement letter or retainer agreement; in Australia, many states require written costs disclosure. Read it before you sign. It should set out:
- Exactly what the lawyer will and will not do.
- Who will handle the matter and who supervises them.
- How fees are calculated, the estimate of the total, and when you will be billed.
- Which disbursements and third-party costs are likely.
- How much money on account or retainer is needed and whether it is refundable.
- How either side can end the arrangement, and what you pay if you do.
- How to complain, and which body handles complaints if the firm cannot resolve them.
How to compare lawyers
Ask two or three lawyers for a written estimate based on the same summary of your problem. Then compare:
- The total estimated cost, including disbursements and tax, not just the hourly rate.
- What each estimate assumes. One may assume the matter settles early; another may price in a court hearing.
- Relevant experience with problems like yours.
- How clearly they explained your options and risks, including the option of doing nothing.
- How quickly and clearly they replied to you before you were a client.
Keeping costs under control
Group your questions into one email rather than several. Send documents organised and labelled. Ask for regular cost updates. Query any bill item you do not understand promptly and politely; firms expect it.
If you have a dispute about a bill or the service, raise it with the firm first using its complaints procedure. In England and Wales, unresolved complaints about service can go to the Legal Ombudsman. In the US, many state bars run fee dispute or arbitration programmes. Canadian and Australian law societies and regulators also handle complaints. For specific areas, see our guides to property lawyers and conveyancing, will writing and immigration advice.