How to Choose a Solicitor in Scotland
Choosing a solicitor is easier when you know what to check. This guide explains how to choose a solicitor in Scotland: how to confirm they are registered, how to find a specialist, what you should be told about fees in writing, how legal aid works and what to do if something goes wrong.
The firms in our directory have been editorially assessed against published evidence such as accreditation, the work they describe and their local presence. Read how we rank to see the method, then use this guide alongside the listings to make your own choice.
How do I check a solicitor is registered in Scotland?
Every solicitor in Scotland who offers legal advice must hold a practising certificate issued by the Law Society of Scotland. To get one, solicitors must complete the required education and training and show they are fit and proper to practise.
The simplest check is the Law Society of Scotland's Find a Solicitor search. It lets you:
- search for an individual solicitor and confirm they hold a practising certificate
- search for law firms by name, postcode or town, and by area of law
- filter for firms that do legal aid work
- filter for accredited specialists and solicitor advocates
Solicitors from England, Wales or elsewhere may not be qualified in Scots law, which is a separate legal system, so check that whoever advises you on a Scottish matter is entitled to practise here.
What is an accredited specialist?
The Law Society of Scotland runs a specialist accreditation scheme that recognises solicitors who show a high level of knowledge and experience in a particular area. There are over 30 areas of specialism, including family law, child law and family mediation. You can filter Find a Solicitor by accredited specialism.
Accreditation is a useful sign of experience, but it is not the only one. Also look at how much of a solicitor's day-to-day work is in the area you need.
Solicitors, advocates and solicitor advocates: what is the difference?
- A solicitor is usually your first point of contact. Solicitors advise you, handle correspondence and paperwork, negotiate, and represent clients in many courts and tribunals.
- An advocate is a member of the Faculty of Advocates. Advocates are specialists in court advocacy who also give independent legal advice. They form an independent referral bar, which means they do not generally take instructions directly from the public: a solicitor usually instructs them on your behalf.
- A solicitor advocate is a solicitor who has gained extended rights to represent clients in the highest courts of Scotland and the UK.
For most everyday matters, a solicitor is all you need. If your case goes to a higher court, your solicitor will explain whether an advocate or solicitor advocate should be involved.
What should a letter of engagement include?
When a solicitor takes on your case, Law Society of Scotland rules require them to give you certain information in writing at the earliest practical opportunity. This is often called a letter of engagement or terms of business letter. It should set out:
- an outline of the work they will do for you
- an estimate of the total fee, including VAT and likely outlays, or the basis on which fees will be charged (unless you have legal aid or advice and assistance)
- if you have advice and assistance, the level of any contribution you must pay
- who will mainly carry out the work
- who to contact if you have concerns about how the work is handled
- that you can complain to the Scottish Legal Complaints Commission if those concerns are not resolved
Read it carefully, and ask questions before you agree.
How should I ask about fees and estimates?
Ask early and ask for the answer in writing. Useful questions include whether the work is charged by time spent or as a fixed fee, what is included and excluded, what outlays such as court fees or searches are likely, and how you will be told if the estimate changes. Comparing a few firms on the same basis helps you understand what you are being offered. Bear in mind that an estimate is not the same as a fixed price.
Can I get legal aid in Scotland?
Legal aid in Scotland is administered by the Scottish Legal Aid Board, which does not give legal advice itself. You can only apply through a solicitor who does legal aid work, and the Law Society's Find a Solicitor search and the Board's own Solicitor Finder can help you find one.
- Advice and assistance helps pay for a solicitor to give advice on any matter of Scots law.
- Civil legal aid can cover court proceedings where the Board is satisfied there is a legal basis for the case, that funding it is reasonable, and that you meet the financial test.
- Criminal legal aid is available for criminal cases, subject to its own tests.
You may have to pay a contribution, and in civil cases, if you keep or gain money or property at the end of the case, you may be asked to pay some or all of the legal costs from it.
How do complaints about solicitors work in Scotland?
Start with the firm. Put your complaint in writing to the solicitor or the firm and keep copies of everything. The Scottish Legal Complaints Commission (SLCC) suggests allowing at least 28 days for the firm to investigate and respond.
If you receive no answer, or are unhappy with the response, you can take the complaint to the SLCC. It receives complaints about both the service provided and a lawyer's conduct, and decides which category a complaint falls into, so you do not need to work that out yourself. Time limits apply: generally, a complaint about the service you received must be made within three years of the date the service was last provided, not counting any time you were excusably unaware of the problem.
Practical questions to ask before you instruct a solicitor
- Are you, and the people who will work on my case, regulated by the Law Society of Scotland?
- How much of your work is in this area, and are you an accredited specialist?
- Who will do the work day to day, and who supervises them?
- How will you charge, what is the estimate, and what could change it?
- Do you do legal aid work, and might I qualify?
- How and how often will you update me?
- Are there time limits I need to know about?
- If I have a concern, who should I contact?
Using the rankings on this site
Our Glasgow solicitors guide and the A to Z directory of law firms list firms by area, such as family law solicitors in Glasgow and executry solicitors in Glasgow. Rankings reflect published evidence, not a guarantee of service or outcome. Always check a firm directly, and see how we rank.
Frequently asked questions
How do I check if a solicitor is registered in Scotland?
Use the Law Society of Scotland's Find a Solicitor search. Every solicitor who offers legal advice in Scotland must hold a practising certificate from the Law Society, and the search lets you look up individual solicitors and firms, as well as filter for accredited specialists, solicitor advocates and firms that do legal aid work.
What is an accredited specialist solicitor?
An accredited specialist is a solicitor recognised by the Law Society of Scotland as having a high level of knowledge and experience in a particular area of law, such as family law or child law. There are over 30 areas of specialism. Accreditation is one helpful indicator, alongside a solicitor's experience in your type of matter.
Do I need an advocate or a solicitor?
Most people only need a solicitor. Advocates are members of the Faculty of Advocates who specialise in court work and give independent legal advice, and they are usually instructed by a solicitor rather than directly by the public. Your solicitor will tell you if your case needs an advocate or a solicitor advocate.
Should a solicitor give me a fee estimate in writing?
Yes. Law Society of Scotland rules require a solicitor to give you, in writing and at the earliest practical opportunity, an outline of the work and either an estimate of the total fee or the basis of charging. This does not apply in the same way if you are receiving legal aid or advice and assistance.
How long do I have to complain about a solicitor in Scotland?
Complain to the firm first. For a complaint to the Scottish Legal Complaints Commission about the service you received, the general time limit is three years from the date the service was last provided, not counting time you were excusably unaware of the problem. The SLCC can accept late complaints only in exceptional circumstances.
How do I find a solicitor who does legal aid work?
You can only apply for legal aid through a solicitor who does legal aid work. The Law Society of Scotland's Find a Solicitor search lets you filter firms by whether they do legal aid work, and the Scottish Legal Aid Board offers a Solicitor Finder tool and eligibility estimators on its website.