What Is A Solicitor And Why Do You Need One?
A solicitor is a lawyer who deals with proceedings outside the courtroom
, i.e. a lawyer who is not a barrister.
If not practice in court, then, how does the solicitor qualify to be called a "lawyer"?
First of all, solicitors must have a degree in law, thus making them qualified lawyers.
Secondly, a solicitor is the first person approached by anyone in need or legal advice, services or aid. Most solicitors work in groups, as part of firms or partnerships. Occasionally, a group of lawyers will consist of both solicitors and barristers, wherein the solicitors perform the spadework and investigation, while the barrister pleads the case when it goes to court.
Generally, the barristers themselves rarely speak directly to the clients - the task of gathering information from the clients and coaching them on conduct in court falls to the solicitor. Nowadays, however, many lawyers function as both solicitor and barrister. Still, the distinction between the two functions is quite clear.
Most often, though, solicitors are consulted to make sure that all paperwork undertaken by clients is legally accurate, and that they do not remain liable for their actions in the eyes of the law.
Activities where a solicitor's services are desirable include -
Loans and mortgages,
property purchases,
tax payments,
contracts,
Wills, testaments and probates
... and so on. The solicitor draws up the contracts of these agreements - which may be between two or more individuals or enterprises. Sometimes, non-solicitors also undertake these services, but their lack of awareness of the latest laws may render their documents vulnerable to exploitation.
For semi-formal agreements, the intervention of a solicitor is not necessary unless legal authorities such as the government are also involved. For example, lending a massive sum of money to a trusted family member or a friend can be done without a solicitor, but people with less trust between them may prefer to have a definite agreement just to make sure that the money is returned on time, and that the borrower cannot be exploited.
Transactions such as property purchases or mortgages need the services of a solicitor, as they usually go through government authorities or lending institutions that do not function without strict legal approval of every step taken.
Personal declarations also require solicitors to render them solid and inviolable. People wishing to change their names, for example, must go through the entire designated legal process in order to do so and get the change accepted by all institutions that they have been, are and will be involved in. Last wills and testaments should always be drafted by solicitors well in advance of death, as they are often a cause for dispute among heirs and family members.
The legal system is vast, complex and ever-changing. As a result, even someone who has been around lawyers all his/her life may not be aware of the exact details pertaining to a particular case. In order to ensure watertight legal procedures and peace of mind in the future, get your paperwork done through a known and trusted solicitor.
by: Gen Wright
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