Choosing the Right Solicitor

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[00:01:48] Hello and welcome to My Bump 2 Baby Expert podcast, where we bring experts from all over the UK to answer your questions on everything. Pregnancy to preschool.

[00:02:12] Today we’re talking about choosing the right solicitor for you and I’m going to be talking to experts Catherine and Javita from IBB Law, our family law solicitors in Reading. I hope you enjoy this episode. Hello everybody and welcome to My Bump 2 Baby’s Expert podcast today. I am delighted to be joined by both Catherine and Javita from IBB law.

[00:02:42] Hello ladies. How are you? 

[00:02:45] Catherine: Hello Carla, we’re well, thank you. How are you? 

[00:02:48] Carla: I’m very well, thank you. I’m really looking forward to recording this episode because I think this is a stumbling block for a lot of people when it comes to, you know, family issues and choosing the right solicitor for them. So I’m really looking forward to covering this subject.

[00:03:03] Are you guys busy in your office at the 

[00:03:05] moment?

[00:03:07] Javita: We are at the moment. Yes, in the run up to Christmas, it’s pretty hectic. 

[00:03:11] Carla: Yes, I bet, I bet. Um, so could you start by introducing yourselves? Um, maybe Catherine, you go first and then, and then Javita, just tell us a little bit about what you do. Um, and, and a little bit about the company, if that’s okay.

[00:03:26] Catherine: Hello, my name is Catherine O’Reilly. I’m a senior associate in the family team at IBB along with Javita. I’ve been at IBB for many years now. I qualified in 2014 and I trained with the firm. So I’ve been with IBB for some time. In my early years as a solicitor, I specialised in both family law and contentious trust and probate.

[00:03:53] However, I now focus solely on family law, um, but my particular area of expertise is divorce and the financial issues arising from relationship breakdown. And I have experience in matters including trusts, inherited wealth, private limited companies, and complex pension assets. 

[00:04:12] Carla: Excellent. Wow. You sound like you’ll be very busy, Catherine.

[00:04:15] So, um, Javita, what is it that you do at IBB? 

[00:04:22] Javita: So my name isa Javita Malhotra. I’m a senior associate in the team along with Catherine. I’m actually fairly new to IBB, um, having joined in October last year, but I’m really enjoying it. I qualified in 2011. And since then, apart from a short stint doing commercial litigation work, I predominantly practice in the family law area.

[00:04:45] Um, like Catherine, I deal with financial matters, but I also deal with children matters and have particular expertise in cases with complex financial issues. Um, I know that you did ask a bit about the firm. So we have 17 practice group areas and so are able to essentially offer support from cradle to grave.

[00:05:06] Carla: Wow. Wow. I mean, that’s a thing you never know when you might need a solicitor. There’s so many different things that you can help with from wills and divorce and child arrangements. I mean, there’s just so, so much, isn’t there? 

[00:05:18] Javita: Yes. And we’ve got a very wide offering. And so we’re able to, to assist with each of those areas and more.

[00:05:24] Carla: Yeah, I imagine that when someone comes for one thing, you end up being able to help them with other areas as 

[00:05:29] well.

[00:05:30] Javita: Yeah, that’s the benefit of being part of a multi service firm because you can, you can refer from one area easily into another. We’ve got relationships with solicitors in other departments and that is really beneficial for the clients.

[00:05:44] Carla: Yeah, yeah, exactly. So they’re not being kind of passed from one solicitor to another to another. So that that’s really good keeping everything under one roof. So, so. Today on the episode, I think, um, we want to talk about choosing the right solicitor because obviously there are a lot of solicitors out there and, and we work with you guys, um, across the Reading area, which we’re delighted about.

[00:06:07] But, um, but what, um, what we want to talk about is a little bit about how you know, how you know which one to choose and what you should look out for. So what is the first thing that someone should look for when choosing a solicitor, Catherine? 

[00:06:21] Catherine: So I think the most important thing you should look for is that the lawyer you’re instructing specialises specifically in the topic on which you’re looking for help.

[00:06:31] So I’m obviously looking at this from a family law perspective. If you’re looking for advice on a family law matter, for example, you might be getting divorced or you could be looking to leave a long term relationship and you’re not married, but you want to know what your options are going forward. It’s important to find a lawyer who focuses exclusively on family law work.

[00:06:52] So, non family lawyers have a completely different range of knowledge to those who practice exclusively in family law. And it’s, it’s really vital to look for a specialist because you want to be sure that you’re getting advice from someone who has the right knowledge and training to represent you properly and to give you the most considered advice.

[00:07:12] Carla: That’s great advice. Yes, absolutely. Right, so Javita, let’s talk a little bit about what a solicitor does. Could you explain to our audience what the responsibilities of a family law solicitor are? 

[00:07:26] Javita: Yes, of course. That’s a really good question. Uh, because we tend to have a bit of a hybrid role for our clients.

[00:07:33] So as you would expect, we would deal with the main legal issues of the client’s matters. But our role also involves dealing with their emotional needs, or at least being aware of them and being able to signpost them on for counselling. Because obviously dealing with a divorce, relationship breakdowns, children issues is really, really emotional.

[00:07:53] And we want to ensure that they get the right support. We are also at times a friend and a confidant as well, which people may find surprising. But sometimes when a client is on the brink of wanting to pursue divorce proceedings and is about to take the leap of faith, no one else knows about it apart from us.

[00:08:14] And so, you know, it’s a, it’s a daunting step to take. Um, and so they really do value the relationship that a solicitor can can add. It’s also, um. multifaceted, which is what I love so much about my job. You know, you’re helping people at the most vulnerable point in their lives. And it’s really nice to be able to make a positive difference in such awful circumstances.

[00:08:38] Our role is also a client facing role, which obviously is not surprising. We regularly speak with our clients. We liaise with solicitors on the other side. We brief barristers for any hearings that might be taking place at court and attending. conference with conferences with the barristers and the clients and we will often also Attend hearings in court with our clients to support them.

[00:08:59] So it’s it’s a very varied role Um, but we are there to, to essentially offer support. 

[00:09:06] Carla: It’s nice that, because I think sometimes with, when you hear the word solicitors, it can sound really scary, but just knowing that you’re there and each case is individual to that person and you’re there to support them.

[00:09:19] That’s, that’s really reassuring. 

[00:09:22] Javita: Yeah. I mean, and that’s what I love so much about my job is the, the relationships that you build up with clients of trust and confidence is, is really like no other. 

[00:09:33] Carla: Yeah, I can imagine that. And, and like you said, I mean, it’s not an easy, an easy, um, decision to make, uh, when it comes to divorce because obviously, especially with people listening to this, um, podcast, I imagine some of you may have children, a lot of you may have children and, you know, it’s, it’s, it’s scary.

[00:09:52] You can often wonder whether you’re doing the right thing and all of that. So just to have, have you guys there is really reassuring. So, um, In terms of um, assessing if a solicitor is the best fit for somebody, how would you recommend someone does that, Catherine? 

[00:10:10] Catherine: I think it’s sensible not to rush, if you possibly can, when choosing your solicitor.

[00:10:16] I know that’s not always possible. You might have received an application in the post from, from your partner and you, you’ve been told you need to deal with that urgently. So, so in, in that situation you need to get some, some advice as soon as possible. But really you want to be sure that your chosen solicitor is someone that you trust and who you think you’ll be able to work with, particularly given that some cases can go on for a long time, especially if court proceedings are required.

[00:10:47] So what I would suggest Um, is ask your friends or family members that you trust, if they know of a good family solicitor that they would recommend, or if you know someone who has recently needed to instruct a family lawyer and they’ve spoken positively about their, their experience, have a conversation with them and try to find out whether that person would likely be a good fit for you as well.

[00:11:13] If someone is recommended to you, they’re likely to give you the confidence that you’re looking for, which is so important when instructing a solicitor, particularly a family solicitor. As Javita said, we are that, that person who is both a friend and a confidant at times. Um, so really it’s a good idea to try to have a short conversation with the solicitor that you think you’d like to instruct before arranging an appointment.

[00:11:36] And most firms are, are happy to have, uh, To arrange a short call in advance of the meeting. And so that would give you the opportunity to reassure yourself that the solicitor that you’re going to speak with has the requisite experience that you’re looking for and will give you a feel for whether they’re likely to be the right fit for you and vice versa.

[00:11:57] Because really at the end of the day, this is a working relationship that will need to work both ways. 

[00:12:03] Carla: That’s great advice. Really is. So, so when it comes to that first initial meeting with the solicitor and Javita, what, what preparation could a potential client do to get the most out of it? 

[00:12:18] Javita: I think it’s really important to consider what you’re seeking in the long term and both the short term, um, sort of understanding what your priorities are.

[00:12:28] What things matter most to you and what you would be willing to compromise on because being able to immediately suggest to a solicitor what, where you are on each of those factors is really helpful because it gives the solicitor an idea as to where you’re likely to push it, position yourself. Um, You know, initial meetings can be really emotional, um, and so it’s helpful for you to sort of make a note of any specific questions that you’d like to ask during the meeting so that it doesn’t get forgotten about.

[00:12:57] I mean, they’re normally an hour, but the hour can go by quite quickly once you’ve been given all of the information, um, in terms of the legal aspects of your case, and obviously, you might have a little cry, you know, it’s emotional, so you just want to make sure that you have got the most out of that meeting to be able to make your decision.

[00:13:18] There are, however, some questions that can’t be answered in the initial meeting because, um, Some of the answers rely on what your, your former partner is likely to say, um, or further information regarding your respective financial position. So your solicitor will be able to explain if this arises and will give you an idea as to what point they will be able to answer the question.

[00:13:41] So they’re not purposefully being evasive. It’s just They are not able to give you the information because they need to see what the other side are going to say. Um, and going back to what you’d previously said, Carla, you know, we as solicitors understand that making an appointment to see a solicitor can be really hard and that clients, you know, are likely to be really nervous when they, they first meet with us because it’s a real turning point.

[00:14:05] And it is sometimes the the first step in accepting that there’s an issue. So it’s really important to remember that seeking advice from a solicitor does not have to signal the end of your relationship. Um, and some clients may not have yet reached that conclusion. So it’s really an information gathering exercise.

[00:14:24] Um, you know, they, they may want some early advice as to what their options are. If they do go through with it. Um, but I think what’s important to remember is that even for those that are separated who are coming to see solicitors, uh, reconciliation can still remain a realistic and viable option. Um, so an initial meeting doesn’t commit you to taking matters forward, but it can assist you in making an informed decision about your future and the future of your relationship, which is crucial .

[00:14:53] Carla: I love that, that you said that because I think a lot of people will kind of stand still in this unhappy relationship for quite some time and not really know what it means, you know, when it does come to a relationship breakdown and I think Being informed, you know, and knowing that just because you’ve made that call or just because you’ve set up that meeting, it doesn’t mean that that is the end of your relationship.

[00:15:18] And I think that that is really, really something that I think people will, will appreciate you saying that. 

[00:15:25] Javita: Yeah, I think, you know, it takes people a long time to make contact with a solicitor, you know, despite how awful things might be at home, it’s a really big step to take, particularly if you’ve got children and you’re concerned about the impact it might have on them.

[00:15:38] So, you know, it is not unusual for people to, to use it as an information gathering session, as I said, um, but it’s good for them to know that, as you say, it’s not. They’re not committing themselves to anything. It’s purely about understanding what their options are moving forward so that they might be able to actually improve their relationship.

[00:15:58] You know, it doesn’t signal the end. 

[00:16:00] Carla: Oh, I love that. Yes. Thank you. And, and Catherine, could you share some mistakes people might make during the first meeting just so people can avoid this in the future?

[00:16:11] Catherine: I really, I thought of three. Common mistakes that that I often see in initial meetings. Um, the first one is in relation to preparation.

[00:16:22] So at the end of your first meeting with a solicitor, you want to have a clear picture of your options going forward and a strategy. in place as to how best to implement such options. So as Javita said, it’s so important to do some preparation before your meeting. For example, if you want to discuss financial matters with your solicitor, having an overview of your finances to hand really does help, as well as spending some time thinking about what you would like to achieve both in the short and the long term.

[00:16:55] It’s also important just practically in terms of preparation. So if you’re meeting your solicitor remotely and that’s something that most solicitors are able to do now following the pandemic, make sure you’re in a quiet space where you can speak openly without fear of being overheard. And then another thing to really think of is, is to switch off your phone so that you can concentrate.

[00:17:20] And of course that applies whether you’re meeting your solicitor in person or remotely. And to allow enough time for the meeting. You don’t want to feel rushed. So the second common mistake I thought of was, was really in relation to support. Depending on where you are in the process, it’s likely that you may be feeling quite emotional.

[00:17:43] This could be the first time that you’ve discussed issues that you may not have confronted before, and understandably, this can be really difficult. These early meetings can be difficult. can be so emotional. So if you feel like you’re going to struggle to process information or even recall the discussion afterwards, which a lot of people do because we tend to cover a good amount of new information at an initial meeting, it could be a good idea to bring someone who you trust with you to the first meeting and then you could go through points with them in advance that you’d like to, to cover and they can then help to keep the meeting on track. Make sure those points are addressed and they can also keep a note for you so that you can then focus on the discussion yourself itself. And the final thing I thought of was expectations. It’s really important to be conscious of your own expectations going into the meeting.

[00:18:38] As Javita said, your solicitor may not be able to answer every question at this early stage because we might need more information. Um, and as it’s so early in the process, it might not be clear how your math is going to progress. Family law is quite a discretionary area and so it’s not always possible to predict, to predict an outcome.

[00:19:01] Carla: That makes sense. Gosh, they’re great points that you covered there. So, so how important is it for a client to understand the legal fees and cost during the initial consultation? And how would you approach explaining these to potential clients? 

[00:19:17] Javita: So it’s really important for a client to understand their legal fees, um, how they’re calculated and the likely costs that might be involved in their matter.

[00:19:26] Um, you know, as you’d expect, clients need to understand whether they’re in a financial position to embark upon, um, the path that would best protect them. I certainly make sure that I am clear with clients as to the costs that their matter may incur because it allows them to make a decision about whether they’re able to raise the necessary funds.

[00:19:47] They can go off and have conversations with family members who may be able to assist them with the fees moving forward but you know essentially it is important for both the client and the solicitor to be on the same page at all times as to the client’s means and their ability to afford the fees. 

[00:20:05] Carla: Right.That great. That’s great. Thank you. And, and in terms of, um, like what you mentioned earlier on, the relationships between the solicitor and the client, how does that evolve over time from your own experience?

[00:20:19] Catherine: As Javita said, as a family lawyer, you often end up in this real position of trust and, you know, With your, with your clients.

[00:20:31] Family matters can go on for a long time. If court proceedings are required, it can often be a year to 18 months before they’re concluded, if not longer. So you’ll really get to know each other quite well throughout the lifetime of your matter. And as a client, um, in a family matter, you end up speaking to your lawyer about really emotional things that you may not even discuss with your closest family or friends.

[00:20:57] In a financial matter, for example, um, as a solicitor, we’ll, we’ll know what you spend, what you earn, so many minute details about the client’s whole world. So really it can be quite all encompassing for a client. This defined period of time and you develop a real closeness as a result. And ultimately that’s what going back to what I said earlier, why it’s so important to choose a lawyer that you trust and that you feel has empathy towards you, but at the same time is able to bring some level of balance to the situation to help you see things from another perspective.

[00:21:37] Carla: Great. Thank you so much. And, and Jovita, in your opinion, do people generally know how to communicate with the solicitor? And if they don’t, do you have any top tips you can share? 

[00:21:50] Javita: Yeah, that’s a good question. Um, I think on the whole they do. I mean, you know, what I would say is that My biggest piece of advice, while difficult, is to try and remove any emotions from the instructions that you provide to your solicitor, because we spend an awful lot of time wading through really lengthy narratives to try and identify the relevant instructions.

[00:22:14] And whilst there is a time and a place for those narratives to be provided, um, ultimately, you know, All it does is increase your costs. So it’s really good if you’re able to, to be clear and succinct with what your answers are. And if we feel that we need any further information and input from you, then we’ll come back to you.

[00:22:34] Also, our role requires us to act upon our clients instructions. And so it, it, we do need to be clear about what we are being asked to do, um, and further clarification. Because of lengthy narratives is purely only going to increase your costs and cause further delay. So, clarity I think is the key. 

[00:22:54] Carla: Yeah, yeah, that does make sense. So, how often should a client be in touch with their solicitor during a case? 

[00:23:03] Catherine: It will really depend on what’s happening in your case. If work needs to be done urgently, and you’ll be aware of that, your, your solicitor will be telling you this is urgent, I need to hear from you. Um, it’s so important to, to get in touch and keep in touch regularly and to provide instructions quickly so that any urgent tasks can be completed in good time.

[00:23:26] When you’re coming up to a hearing, for example, you can expect to hear from your solicitor more regularly because there will likely be a lot of tasks that need to be completed. Otherwise, you may not hear from your solicitor unless something needs to be progressed. For example, a letter might have come in and your solicitor might need to discuss that with you, or seek your instructions, or they have some other update or point to discuss with you.

[00:23:54] But really, if you have a question or a concern, Always, always reach out to your solicitor and depending on their availability and the urgency of the query, they’ll usually aim to respond within a few days. As Jovita said earlier, it’s, it’s of course important to be aware that when you do make contact with your solicitor, this will attract a fee.

[00:24:15] But your solicitor should outline the basis on which they charge at the very beginning of the matter. So you will be aware of this in advance. And they should also let you know what their policy is in terms of timing to respond to communications from you, be it by email or, or telephone message or anything like that.

[00:24:35] And you will be expected to You will expect to be kept up to date in terms of your costs throughout the lifetime of your matter. So you will know we at IBB, we bill on a monthly basis. Um, and so you’ll be kept up to date as to your costs and an ongoing. 

[00:24:52] Carla: That’s great. That’s great. So, so. Javita, if a client isn’t happy with their solicitor, what are their options?

[00:24:59] You know, if they’ve already gone through the first couple of stages, and how should they navigate making a change if they need to? 

[00:25:08] Javita: So if a client isn’t happy with their solicitor, then they should in the first instance speak with their solicitor at the earliest opportunity to pinpoint what the issues are and to discuss how it can be rectified, what, you know, how the client’s concerns can be addressed essentially, and to find a better way of dealing with the issue moving forward.

[00:25:34] What What is really important is that you have full trust and confidence in your solicitor and you, you know, you should feel that you’re able to raise an issue and trust that it will be dealt with sensitively. So ultimately, if you don’t have trust and confidence in your solicitor, it may be sensible to change, um, to another solicitor.

[00:25:53] And it’s important to do this in good time to ensure that any preparation for a hearing, for example, can be progressed by your new solicitor without impact on the dates that have been set. But I would, I would say that particularly in family matters, the relationship as both Catherine and I have set out previously between a client and their solicitor is really, really important.

[00:26:19] And you’ve got to make sure that you’ve got the person acting for you who you think will best protect your position.

[00:26:27] Carla: That’s great. So, so in terms of if someone was to change, everything that’s done to that point with the other solicitor will be passed over. Is that right? 

[00:26:37] Javita: Yes. As long as, um, your fees have been cleared with the previous solicitor, then your file will be seamlessly transferred over to your new solicitor and they will pick up.

[00:26:48] where the last solicitor left off and then navigate you through the process moving forwards. So it’s not the end of the world. If you are, if you find yourself in a position with a solicitor you’re not happy with, you can move. And that really is my biggest piece of advice, you know. Move if you need to, don’t feel like you’re tied down to one person.

[00:27:09] Carla: Yeah, yeah, and especially with the, the relationship side of things, you know, it is a really vulnerable time and you want someone there that you, you know, you trust and, um, that you can, you can speak to in confidence. So, so lastly, then Catherine, what advice would you give someone who is about to engage with a family law solicitor for the very first time. 

[00:27:32] Catherine: I’d have to say try not to panic. It can be so daunting to discuss sensitive and personal matters. And for a lot of people, a lot of our clients, this is the first time that they’ve had to seek legal advice. At all really. Your solicitors there to help you through this process.

[00:27:54] Um, it’s so important you trust them and also trust that nothing you say is going to shock them. 

[00:28:01] Carla: That’s great. Finally, ladies, that was absolutely brilliant. And I’m sure a lot of people will be wanting to make contact with you. How can people get in touch with you? I am going to put the link to your website underneath here.

[00:28:15] But is there any other ways people can contact you directly? 

[00:28:19] Catherine: So if you go to the website, that’s the best way to find our details. Both Javita and I have personal profiles on the IBB website, and you’ll be able to find our contact details there, a direct telephone number and an email address for us. We both have LinkedIn profiles as well, so that’s another way to get in touch.

[00:28:41] Javita: Another way would be through the Resolution website. We’re both, um, part of the resolution, uh, organisation, which promotes positive dealings with family matters. So we understand that we need to take the acrimony out of it, but, uh, you are able to obviously contact us through resolution as well. 

[00:29:00] Carla: That’s great. And in terms of IBB, Catherine, would you mind just answering that? What other things can you guys help with? Cause I know you cover a lot of different things. Would you mind just summarising over that for us? 

[00:29:11] Catherine: Not at all. Um, yes, as Javita said, we are, we are a full service firm, so we can help if you have a query in relation to conveyancing, if you’re buying or selling a property, if you need to make a will, or if you need to deal with the administration of the state.

[00:29:27] We also have teams dealing with company matters, should you have any company queries, or buying or selling commercial property. Really, if you’ve got any kind of queries, um, there’ll a team within the firm who’s able to help and all of those details are on the website. So, so do take a look, um, and you’ll be able to see what we do.

[00:29:50] I’d also add, um, we have, uh, offices in different locations. So, uh, Jovita and I are based in the Beaconsfield office, but we also have, um, offices in Uxbridge, in Reading, and in Ascot. So we can travel to different locations to meet you depending on where you’re located, and we can also offer meetings remotely.

[00:30:14] Carla: That’s brilliant. That’s brilliant. Thank you so much for today’s, um, question. She did it really well. So thank you so much for taking part in that. And if, if anyone wants to make contact, I’ll drop the links underneath, um, this podcast so you can just click straight through. Thanks, ladies. 

[00:30:31] Catherine: Thank you very much.

[00:30:32] Javita: Thank you so much.

[00:30:37] Carla: Thanks so much for listening to today’s episode of My Bump 2 Baby’s Expert Podcast. If you have any questions or you would like to make contact to the solicitors we spoke to, the links are under this podcast. If you would like to find your nearest solicitor, you can go to www. mybumptobaby.com/ family protection legal. 

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