27 November 2009
Brits with 'lawyer phobia' -
 Mark Moseley, our Practice Partner warns - "Despite one in five British people currently requiring legal advice, over half the population do not seek professional help from a solicitor according to a recent report.
In a survey of 3,000 people by online law firm LawOptions.co.uk, a third of the population stated that they did not understand their legal rights and two thirds said that they were put off working with a solicitor due to fears of cost.
The Law Society says not seeking professional legal advice could prove more costly in the long run, especially if important documents are inaccurately drafted.
One third of those surveyed stated that they would not know how to select a lawyer to help them with their problem and one in five think that legal proceedings are too complex. The same number worry that they would not understand legal terminology. A further one in ten feel that they do not have time to process a legal problem whilst juggling the pressures of work and running a household.
The news comes in line with the Law Society’s nationwide information campaign advising consumers to go to a solicitor for much needed legal advice, The campaign takes a Beatles theme with the strap-line ‘Help, I need somebody’. It is currently featuring in the print media and on posters in more than 200 stations.
Despite fears surrounding legal fees, recent Law Society research has shown that using an unregulated will writer can often cost much more than using a solicitor. This is due to mounting ‘hidden charges’ which can include a monthly storage fee as well as costs associated with cleaning up the aftermath of a badly written will.
In some cases, will writers were appointing themselves as executors and offering related legal services for which they were not trained or regulated, such as powers of attorney, obtaining probate, conveyancing and even tax advice, at an additional cost.
Law Society President Robert Heslett says: “It is concerning that many consumers are reluctant to seek professional legal advice because they fear cost is a barrier. However for many legal services, cost can be agreed up front and a good solicitor will be clear about all charges throughout the process. Solicitors are qualified, regulated and insured should something go wrong.
It is a sad fact that for many services such as will writing and conveyancing, not seeking legal advice can prove very costly if documents are later found to be inaccurate or unenforceable. In these cases, consumers should seek legal advice immediately and can discuss charges upfront with their solicitor.”
In addition, changes to the system of awarding Legal Aid has meant that there are now many people who are vulnerable or on low incomes that are falling through the net and not getting much needed professional advice and protection. In light of the recent Ministry of Justice Consultation that plans to slash fees for legal aid, the Law Society believes any cuts to the thread-bare legal aid system will see firms no longer able to undertake this work, civil provision in mixed practices being hit, and the most vulnerable clients unable to obtain the assistance they need.
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