Complexities
You may instruct Alan on a divorce; on another occasion, you may ask Alan to make a
Will for you which you may feel is relatively simple and straight forward.
Please appreciate not one instruction is the same: no one instruction is necessarily
simple; each instruction raises different and, at the start of your instruction, unknown
issues, which must be addressed by Alan as they arise.
For one reason or another complications can and do often arise in every instruction:
all such issues must be addressed.
Alan owes you a duty of care; he must also act for you as the Law Society (his
professional body) and the Solicitors Regulation Authority (which regulates Alan and
his firm) expects.
Such issues and complications must be addressed; they cannot be ignored.
If, therefore, Alan raises such an issue, this is in your interests: to resolve it now may also avoid complications for you in the future! This can affect Alan’s estimate of fees, which he will address as soon as the issue or complication arises.
For example, if you do not make a Will, beliving your estate will pass to your surviving spouse, this is correct but under New Intestacy Rules (which apply when you do not make a Will) your wife/husband may not receive your entire estate. This can cause your spouse financial and other problems not to mention expense legally resolving the problems because you did not make a Will in his or her favour.
By further example, on your purchase of your converted flat or newly bought house you do not understand why Alan must cover all planning and building regulation etc issues: such unresolved issues will become a problem on your “sale” of your home, which may stop you from quickly buying your new home. Why? Your buyer will simply expect you to sort out such problems when you sell your home. Alan would deal with such issues during your purchase.
Alan acts in your best interests; please respect that fact. This is not to say Alan’s clients ignore such issues; quite the contrary. When Alan acts on your “purchase” he also acts with your “sale” in mind, which hopefully (in years to come) then proceeds smoothly because of Alan and the standard of his work and attention to detail no matter how much you have agreed to pay Alan for his firm’s services.
This is why you should retain Alan….for law made simple; where legal advice is good advice …..if you take it!