What is instructing solicitor?
Asked by: Prof. Clark Gusikowski | Last update: June 7, 2026Score: 4.7/5 (25 votes)
To instruct a solicitor means to formally hire and authorize them to act on your behalf, giving them directions for your legal matter, like buying a house or handling a dispute, and agreeing to pay their fees as detailed in their "client care letter" or retainer. It's the process of officially engaging their services, allowing them to represent you, advise you, and handle legal tasks after you've accepted their terms and conditions.
What is the role of an instructing solicitor?
If you have an instructing solicitor, the solicitor will brief (instruct) the barrister about your case and provide details.
Is a solicitor the same thing as a lawyer?
Yes, a solicitor is a type of lawyer, but the term "lawyer" is broader, encompassing solicitors, barristers, and other legal professionals; in places like the UK, solicitors handle general client work and documents, while barristers specialize in court advocacy, though in some countries (like the US), one lawyer (an attorney) does everything. Essentially, every solicitor is a lawyer, but not all lawyers are solicitors, especially in split-profession systems.
What does it mean if a solicitor is taking instructions?
To instruct simply means giving someone direction or asking them to carry out a task. In a legal setting, when you instruct a solicitor, you're formally asking them to act on your behalf.
What is the role of a practicing solicitor?
A solicitor is a type of lawyer who is qualified to offer legal advice and services. Solicitors are allowed to join together to form partnerships with other solicitors or with barristers and they are allowed to advertise their services.
How to Instruct a Solicitor
Why would someone have a solicitor?
Their job isn't just about courtrooms; it's about protecting your interests long before anything escalates. Whether you're dealing with family issues, buying property, or resolving a business conflict, a solicitor steps in with clarity, guidance, and strategy.
How much do solicitors charge for a phone call?
Hourly fees
Letters sent out on your behalf and telephone calls of less than 5 minutes duration will be charged individually at 1/10th of the hourly rate. Letters received on your behalf are charged at 1/20th of the hourly rate. The rates are reviewed annually so please be sure to ask the rate that is applicable.
How much does it cost to instruct a solicitor?
Full representation at an hourly rate of £175:
This is the traditional way of instructing a solicitor from start to finish.
What happens after you instruct a solicitor?
After the solicitors have received instruction, they request the draft contract and supporting documentation from the sellers' solicitors. Your solicitors will then investigate the title and raise any enquiries they deem necessary whilst applying for the searches.
What kind of cases do solicitors handle?
What do solicitors do day to day? Your tasks can vary widely depending on the area of specialisation – from housing and divorce to commercial transactions and criminal cases – and the type of law firm or organisation you end up working for.
Who is higher, an attorney or a lawyer?
Neither is inherently "higher"; the terms are often used interchangeably, but an attorney is a specific type of lawyer who is licensed to practice law and represent clients in court, while a lawyer is a broader term for anyone with legal training, meaning all attorneys are lawyers, but not all lawyers are attorneys. An attorney has passed the bar exam and can perform specific actions like arguing cases in court, whereas a lawyer might just provide advice.
Who is considered a solicitor?
A solicitor is a qualified legal professional who provides direct legal advice and services to clients (individuals or businesses) on various matters, handling legal documentation, negotiations, and often representing them in lower courts, acting as the first point of contact and managing cases from start to finish, sometimes instructing a barrister for higher court advocacy in jurisdictions like the UK.
Why instruct a solicitor?
Before Making or Accepting an Offer
Your solicitor can advise on what documents you need to prepare and guide you through the early stages. If you are selling, this includes gathering title deeds and property information forms. If you are buying, they can help you understand what to expect and explain the steps ahead.
Is a solicitor like a lawyer?
Yes, a solicitor is a type of lawyer, but the term "lawyer" is broader, encompassing solicitors, barristers, and other legal professionals; in places like the UK, solicitors handle general client work and documents, while barristers specialize in court advocacy, though in some countries (like the US), one lawyer (an attorney) does everything. Essentially, every solicitor is a lawyer, but not all lawyers are solicitors, especially in split-profession systems.
What color do judges like to see in court?
Judges prefer neutral, conservative colors like navy, gray, black, brown, and white, as they convey seriousness, respect, and professionalism, while avoiding distractions. Bright colors, flashy patterns, and overly casual attire (like shorts or t-shirts) are discouraged because they can appear unserious or disrespectful in a formal courtroom setting.
What is the hardest thing to prove in court?
The hardest things to prove in court often involve establishing intent (mens rea), proving causation, or overcoming a lack of physical evidence, especially in cases like sexual assault, white-collar crime, or proving legal insanity, all while meeting the high standard of "beyond a reasonable doubt". Causation, linking an action directly to harm, is notoriously difficult in medical malpractice, and proving a specific mental state at the time of a crime (like insanity) faces significant challenges with expert testimony and jury skepticism.
How do lawyers trick their clients?
Speed: Manipulating the Timeline
One common tactic in civil litigation is manipulating the speed of the case. Defense attorneys often try to slow down the proceedings to gain leverage, hoping the plaintiff will become desperate and settle for less than the case is worth.
How does a solicitor charge?
Key Terms You'll Come Across. Fixed Fee: A set price for a specific service, like writing a will or handling conveyancing. No surprises. Hourly Rate: You pay based on the time your solicitor spends on common for complex or open-ended cases.
What does it mean when a solicitor is taking instructions?
When you instruct a solicitor, you enter into an agreement with them to represent you and act on your behalf in a transaction. The process of instructing a solicitor is simple and will in most cases start with a short phone call or email to exchange information.
How do I instruct a solicitor?
If you're selling: Instruct as soon as your property goes on the market. This allows your solicitor to prepare documents in advance. If you're buying: Choose your solicitor before making an offer, then formally instruct them once it is accepted. Estate agents will ask for their details immediately.
Can lawyers listen to phone calls?
For instance, one-party consent laws, which apply in most states, allow lawyers to record phone conversations without informing the other participants, as long as the lawyer is also a party to the conversation.
What do most lawyers charge an hour?
The average lawyer hourly rate in the U.S. generally falls between $250 to $450, but varies significantly, with some reports showing national averages around $341 (2023-2024) and high-end partners exceeding $600, while lower-cost states and general practice lawyers might be closer to $100-$200, influenced by experience, location (DC, NY are pricier), firm size, and specialization (e.g., bankruptcy lawyers are higher).
Do solicitors charge you for emails?
If your solicitor charges by the hour, they are likely to bill for time spent reading, drafting, and responding to emails. This is because each email forms part of the legal work carried out on your behalf.