This information reflects the Society's web site at the date you downloaded or printed it and you should check at www.lawscot.org.uk to see if it is still current.

Solicitors' Fees 

Factors involved in setting of fees

The fees charged by solicitors should be fair and reasonable. Factors to be considered  include:

  • the importance of the matter to the client;
  • the amount or value of any money, property or transaction involved;
  • the complexity of the matter or the difficulty or novelty of the question raised;
  • the skill, labour, specialised knowledge and responsibility involved on the part of the solicitor;
  • the time expended;
  • the length, number and importance of any documents or other papers prepared or perused;
  • the place where and the circumstances in which the services or any part thereof are rendered and the degree of urgency involved.

Estimates

The Law Society of Scotland encourages solicitors to provide estimates of their fees to their clients. If your solicitor gives you a verbal estimate for their fees for carrying out the proposed work, you should get confirmation of the estimate in writing. The estimate should make clear whether it includes VAT on the fee or not. The estimate should also include details of the "outlays" - or costs that the solicitor will have to pay out on your behalf in carrying out the work for you, such as stamp duty, recording dues or fees to the court for raising an action. The solicitor may ask for payment of some or all of the outlays before the end of the matter.

You should remember that an estimate is only an estimation of the final cost and may be exceeded.

Payment of fees

You may wish to receive interim fee-notes as the case progresses so that, for example, the cost of a long running case is spread over time. You should ask your solicitor about this at the outset. You should agree with your solicitor an acceptable level of fees and outlays to be incurred between interim billings. Many solicitors prefer to spread payment in this way.

If your solicitor receives funds for you at the end of the transaction or Court case they are entitled to take payment of their fees and outlays for the matter plus any outstanding fee-note from that money. The invoice must be issued at the same time if it has not been issued beforehand.

You are entitled to know the basic breakdown of an account into fees, VAT and outlays without incurring any further cost. However if you request a fully itemised account, your solicitor is entitled to make a charge for this.

Querying the Fees

Unless you agreed in writing what the fees would be, if you are unhappy about the amount of the fee charged by your solicitor, even if payment has been taken as above, you can still insist on the fee being sent for reassessment by the Auditor of Court. This process is outlined in the Society's information sheet "Querying Solicitors' Fees".

Court Cases

If you raise a successful court action and the opponent is ordered to pay your expenses you may still have to pay some fees to your solicitor. This is because the expenses that the Court can order the other side to pay (Judicial Expenses) are calculated on a different basis than is used to calculate the fees charged by solicitors to their clients. Your solicitor may ask you to pay the difference, although you may agree with your solicitor at the outset that he/she will accept the fees that can be recovered (see speculative cases below).

Legal Aid

If you are getting Legal Aid and you are awarded compensation by the Court or recover monies in a settlement of the action, your solicitor must send the settlement cheque to the Legal Aid Board. The Board will then deduct the amount of your solicitor's Legal Aid fee and permitted outlays before sending the balance back to your solicitor for you. Further details can be found in the Society's leaflet "Getting the Best from your Solicitor" and in leaflets produced by the Scottish Legal Aid Board.

Speculative cases

Solicitors in Scotland may also act on a speculative basis - charging no fee unless the matter is successful. This is often referred to as acting on a "no win no fee" basis. This is mainly relevant to court actions rather than other types of work, although it is also done regularly in house sales (no sale no fee).

If you raise a speculative action in court and you are unsuccessful you will usually be liable for your opponent's legal expenses, and your own solicitor's outlays, but not their fees. To protect against this risk you may take out insurance before commencing a "no win no fee" case.

If you have any queries, take them up with your solicitor in the first place. If you are still unhappy, telephone the Scottish Legal Complaints Commission on 0131 528 5111 for more information.