What to Ask a Solicitor Before Instructing Them

Instructing a solicitor is a commitment. Once you sign their terms of engagement, that firm is responsible for the legal side of your property sale. Getting it right means fewer delays, fewer surprises, and a smoother transaction. Getting it wrong can mean slow responses, hidden charges, and weeks of unnecessary stress.

The best time to assess a solicitor is before you instruct them — not after. This guide sets out the questions you should ask, explains why each one matters, and gives you a structured way to compare multiple firms. For a step-by-step walkthrough of the instruction process itself, see our guide on how to instruct a solicitor for selling.

Questions about fees and charges

Cost is usually the first thing sellers compare, but headline fees can be misleading. Two firms quoting £800 and £1,000 respectively may end up costing the same once VAT and disbursements are factored in. The key is to compare total cost, not just the legal fee.

What is your total fee including VAT and all disbursements?

This is the single most important cost question. Under the SRA Transparency Rules, regulated firms must publish clear pricing information for residential conveyancing. A proper quote should itemise:

• The legal fee — the solicitor's charge for their professional work
• VAT at 20% — applied to the legal fee (and sometimes to certain disbursements)
• Disbursements — third-party costs such as Land Registry official copy fees (currently £7 each), bank transfer fees (£25 to £50), and AML identity check charges (£10 to £30 per person)
• Supplements — any additional charges for leasehold sales, Help to Buy redemptions, shared ownership, or other non-standard elements

If a firm quotes "from £500" without clarifying what that includes, ask them to provide a full written breakdown. For a detailed look at what each line item typically costs, see our conveyancing costs breakdown.

Are there any circumstances where additional charges apply?

Some firms advertise a low base fee but then add extras for things that are entirely predictable — such as dealing with a mortgage redemption, corresponding with the buyer's solicitor about enquiries, or preparing a completion statement. Ask the firm to list every scenario that could trigger an additional charge. If the list is long, it suggests the headline fee is not a reliable indicator of what you will actually pay.

Do you offer no sale no fee, and what exactly does it cover?

A no-sale-no-fee arrangement means you will not pay the legal fee if your transaction falls through before completion. However, the detail matters. Ask specifically:

• Will I still owe disbursements the firm has paid on my behalf?
• Is there an abortive fee for work already carried out?
• Does the no-sale-no-fee guarantee apply regardless of the reason the sale collapses, or are there exclusions?

Firms offering this guarantee typically charge 10% to 25% more on successful completions to cover the cost of abortive work. Whether the premium is worth it depends on your circumstances. For more on typical fee ranges, see our guide on solicitor fees for selling a house.

Questions about who handles your case

One of the most common frustrations sellers report is not knowing who is actually working on their file. The person you speak to during the quoting process is often not the person who will handle the day-to-day conveyancing work. Clarifying this upfront avoids confusion later.

Who will be my named case handler?

Ask for the name and job title of the individual who will be responsible for your file. You want to know whether this is a qualified solicitor, a licensed conveyancer, or a paralegal working under supervision. There is nothing inherently wrong with a paralegal handling your case — many are highly experienced — but you should know who is supervising the work and who is ultimately accountable if something goes wrong.

Will my file stay with that person throughout?

Some firms operate a "team" model where your file is passed between different staff members depending on who is available. While this can work, it often leads to delays because each person needs to re-read the file before responding to queries. A dedicated case handler who knows your transaction inside out is generally faster and more reliable. If the firm cannot guarantee continuity, ask how they manage handovers to minimise disruption.

Questions about caseload and capacity

A solicitor's caseload directly affects how quickly they can respond to enquiries, chase the other side, and progress your sale. This is one of the most underrated questions sellers can ask.

How many active cases are you currently managing?

There is no regulatory cap on the number of files a conveyancer can carry, but the SRA expects firms to maintain adequate resources to handle their workload. In practice, a conveyancer handling 80 or more active files at once is likely to be stretched. Ask this question directly — a firm that is confident in its capacity will answer openly. One that deflects or gives a vague response may already be overloaded.

What is your average time from instruction to exchange?

This gives you a concrete benchmark. For a straightforward freehold sale with no chain complications, a well-resourced firm should be able to reach exchange within 8 to 12 weeks of instruction. If a firm quotes significantly longer, ask what typically causes their delays. If the answer points to things within the firm's control (such as slow responses to enquiries or backlogs in the team), that is a concern.

Questions about communication

Poor communication is the single most common complaint about conveyancing solicitors. The Legal Ombudsman consistently reports that failure to communicate is among the top reasons clients make formal complaints. Asking the right questions upfront can help you avoid this problem entirely.

How do you provide updates — email, phone, or portal?

Different firms communicate in different ways. Some rely on email and telephone; others offer online case-tracking portals where you can log in and see the current status of your transaction at any time. Ask what their default communication method is and whether you can choose your preferred channel. If you want regular proactive updates rather than having to chase, say so at the outset.

What is your response time for emails and phone calls?

A good conveyancing firm should be able to respond to emails within one working day and return phone calls within the same day. Ask whether they have a formal service-level commitment on response times. Even if they do not have a formal SLA, their willingness to give you a clear answer tells you something about how seriously they take client communication. For more on what to expect throughout the process, see our guide on what to expect from your solicitor.

Questions about regulation and accreditation

Every conveyancer handling your sale must be properly regulated. Checking their credentials before you instruct is a basic safeguard that takes only a few minutes and can save you from serious problems later.

Are you regulated by the SRA or the CLC?

Solicitors are regulated by the Solicitors Regulation Authority (SRA). Licensed conveyancers are regulated by the Council for Licensed Conveyancers (CLC). Both regulators maintain public registers that you can search online for free. Verify the firm's regulatory status yourself — do not rely on their word alone. An unregulated firm has no professional indemnity insurance, no complaints procedure, and no compensation scheme to protect you if things go wrong.

Do you hold CQS accreditation?

The Conveyancing Quality Scheme (CQS) is the Law Society's accreditation standard for residential conveyancing firms. CQS-accredited firms must meet requirements around risk management, staff training, and client care standards. Most major mortgage lenders require the solicitor acting on a sale to hold CQS accreditation before they will release funds on completion. Choosing a non-CQS firm can cause delays at a late stage if the buyer's lender raises an objection.

Which mortgage lender panels are you on?

Panel membership matters because mortgage lenders will only work with solicitors on their approved list. While this is primarily the buyer's solicitor's responsibility, some lenders also check the seller's solicitor. If your buyer's lender is one of the large high street banks, a CQS-accredited firm will almost always be acceptable. For niche lenders or specialist mortgages, it is worth checking panel membership specifically. For more on whether location matters when choosing a firm, see our guide on whether you need a local solicitor.

Questions about what is and is not included

Understanding the scope of work your solicitor's fee covers is essential. Some firms include everything in a single price; others treat certain tasks as extras. Clarifying this before you instruct prevents unpleasant surprises on completion day.

What does your fee cover?

A standard seller's conveyancing fee should cover:

• Obtaining official copies of the title register and title plan from HM Land Registry
• Reviewing the title for issues and preparing the draft contract
• Preparing and sending the contract pack (including your property information forms) to the buyer's solicitor
• Responding to pre-contract enquiries raised by the buyer's solicitor
• Negotiating and agreeing the contract terms
• Arranging exchange of contracts
• Obtaining a mortgage redemption statement and repaying your mortgage on completion
• Preparing the transfer deed (TR1) and completion statement
• Handling completion, including receiving funds and distributing the net proceeds to your bank account

What would cost extra?

Common extras that some firms charge additionally for include:

Ask the firm whether any of these apply to your situation. If they do, get the additional cost in writing before you instruct.

A comparison checklist for multiple quotes

When you have quotes from two or three firms, use this checklist to compare them side by side. The aim is not to find the cheapest option but to find the best balance of cost, communication, and competence.

Write down the answers you receive from each firm and compare them objectively. If one firm is significantly cheaper but scores poorly on communication and caseload, the saving is unlikely to be worth the risk. A slightly more expensive firm that responds quickly and keeps you informed will almost always deliver a better outcome.

Red flags to watch for

During the quoting and initial conversation stage, be alert to these warning signs:

• Reluctance to provide a written breakdown. If a firm will not put their fees in writing before you instruct, they are not complying with the SRA Transparency Rules and you should look elsewhere.
• Slow initial response. If it takes them three days to reply to your initial enquiry, expect similar delays throughout the transaction. First impressions in conveyancing tend to be accurate.
• Vague answers about case handling. If the firm cannot tell you who will handle your file or how many cases that person is currently managing, they either do not know or do not want you to know. Neither is reassuring.
• No CQS accreditation. While not a legal requirement, the absence of CQS accreditation can cause problems with the buyer's mortgage lender and suggests the firm may not meet the Law Society's quality standards.
• Pressure to instruct immediately. A professional firm will give you time to consider their quote and compare it with others. If a firm pushes you to sign terms of engagement on the spot, be cautious.
• Unusually low fees. A quote significantly below the market average (below £600 plus VAT for a straightforward freehold sale) may indicate a high-volume, low-attention model. The firm may be relying on volume to compensate for thin margins, which often means slower responses and less individual attention.

How Pine helps you prepare

Whichever solicitor you choose, you can speed up the process by arriving with your paperwork already prepared. Pine helps sellers complete their TA6 and TA10 property information forms with guided, plain-English support, and assembles all your certificates, documents, and title information into a single solicitor-ready pack. This means your conveyancer can begin preparing the draft contract from day one — no chasing, no gaps, no wasted weeks.

Sources and further reading

• SRA Transparency Rules — guidance on how solicitors must publish their fees and service information (sra.org.uk)
• SRA Solicitor Register — verify whether a solicitor or firm is currently regulated by the SRA (sra.org.uk)
• CLC Lawyer Register — the Council for Licensed Conveyancers' public register of licensed conveyancers (clc-uk.org)
• Conveyancing Quality Scheme (CQS) — information about the Law Society's accreditation standard for residential conveyancing firms (lawsociety.org.uk)
• Find a Solicitor — the Law Society's official directory for finding regulated solicitors in England and Wales (lawsociety.org.uk)
• Legal Ombudsman — the independent body handling complaints about legal service providers in England and Wales (legalombudsman.org.uk)
• HomeOwners Alliance — Selling Guides — independent consumer advice on selling a property (hoa.org.uk)
• HM Land Registry — official title document services and property data (gov.uk)

Frequently asked questions