When Do You Need Two Solicitors?

In a standard property sale, the arrangement is simple: the seller instructs one solicitor, the buyer instructs another, and each solicitor acts in their client's best interests. But there are situations where this straightforward setup does not apply, and you may find yourself needing two solicitors involved on the same side of a transaction, or two solicitors for what feels like a single matter.

This guide explains when separate legal representation is required, why the rules exist, and how to manage the additional cost. If you are unsure what your solicitor actually does during a sale, our guide on what your solicitor actually does is a useful starting point.

Why one solicitor cannot always act for everyone

The fundamental rule in conveyancing is that a solicitor must act in their client's best interests and must not act where there is a conflict of interest. The SRA Code of Conduct for Solicitors (paragraphs 6.1 and 6.2) prohibits a solicitor from acting for two or more clients in the same matter where their interests conflict or there is a significant risk of conflict.

This is not a technicality. If a solicitor advises both seller and buyer on the same sale, they cannot properly negotiate the price, flag defects, or advise on contractual terms without compromising one party's position. The same principle applies whenever two people on the same "side" of a transaction have competing interests, whether they are co-owners, family members, or business partners.

Selling and buying at the same time

If you are selling your current home and buying a new one, you do not need two solicitors. One firm can handle both your sale and your purchase. This is called a simultaneous sale and purchase, and it is the most common arrangement for homeowners moving up or down the property ladder.

Using the same solicitor for both transactions is usually cheaper and more efficient. Most firms offer a combined discount of 20% to 30% on the total fees. It also means your solicitor has full visibility of both timelines, which makes it easier to align exchange and completion dates. For a breakdown of what this typically costs, see our conveyancing costs breakdown.

The exception is where your purchase involves specialist legal issues that your sale solicitor does not handle, such as a commercial property, a new-build with complex conditions, or an unregistered title. In those cases, instructing a specialist for the purchase may be worth the additional cost.

Divorce and separation sales

When a married couple or civil partners are separating and need to sell a jointly owned property, each party should instruct their own solicitor. This applies whether the sale is agreed amicably or ordered by the court as part of a financial settlement on divorce.

The reason is straightforward: each spouse has their own interests in the sale. They may disagree on the asking price, the timing, which offers to accept, or how the proceeds should be divided. A single solicitor cannot properly advise both parties when these interests diverge. Even if the separation is amicable at the outset, circumstances can change during a sale that takes several months to complete.

In practice, the divorce solicitor (a family law specialist) handles the financial settlement, while each party's conveyancing solicitor handles the property sale itself. If a consent order specifies how the sale proceeds are to be divided, both conveyancing solicitors need a copy to ensure the terms are followed on completion day.

What this costs

Each party pays their own conveyancing solicitor. At typical rates of £800 to £1,200 plus VAT per solicitor, the combined cost is £1,600 to £2,400 plus VAT. This is in addition to the family law solicitor fees for the divorce itself. While it is more expensive than a single solicitor arrangement, independent representation is essential to protect each party's share of the proceeds.

Selling as an executor with beneficiary disputes

When someone dies and leaves a property, the executor named in the will is responsible for administering the estate, which often includes selling the property and distributing the proceeds to the beneficiaries.

If all beneficiaries agree with the executor's decisions about the sale, a single solicitor can handle both the probate and the conveyancing. But disputes are common. Beneficiaries may disagree about whether to sell at all, what price to accept, or how the proceeds should be shared, particularly where the will is unclear or where some beneficiaries want to buy the property themselves.

In these situations, the executor should have their own solicitor, and any beneficiary whose interests conflict with the executor's decisions should instruct separate representation. The executor's solicitor acts in the interests of the estate as a whole, while the beneficiary's solicitor protects their individual entitlement. Failing to obtain separate advice where a conflict exists can lead to challenges to the sale after completion, which is far more costly than instructing a second solicitor.

Transfer of equity

A transfer of equity is when one person transfers their share of a property to someone else, or when a new person is added to or removed from the title. Common scenarios include:

• Removing an ex-partner from the title after a relationship breakdown
• Adding a new partner or spouse to the title
• Transferring a property to a family member, for example a parent gifting a property to a child
• Buying out a co-owner's share without selling the property on the open market

In almost all transfer of equity situations, each party needs their own solicitor. The person transferring their share and the person receiving it have different interests: one is giving up a legal and financial interest in the property, while the other is acquiring one. Independent legal advice ensures both parties understand the implications, particularly around Stamp Duty Land Tax, capital gains tax, and mortgage liability.

If a mortgage is involved, the lender will almost always require the parties to have separate solicitors. The lender needs to be satisfied that the person taking on (or releasing) mortgage liability has received independent advice. For more on instructing a solicitor for this type of work, see our guide on how to instruct a solicitor.

When your mortgage lender requires separate representation

Most mortgage lenders allow the borrower's solicitor to act for both the borrower and the lender in the same transaction. This is a form of dual representation that is permitted because the lender's and borrower's interests are broadly aligned: both want the property to have good title and for the transaction to complete smoothly.

However, some lenders maintain a restricted panel of approved solicitors and will only accept legal work from firms on that panel. If your chosen solicitor is not on your lender's panel, you have two options:

• Switch to a panel solicitor who can act for both you and the lender in a single instruction
• Keep your chosen solicitor and instruct a second, panel-approved solicitor to handle the mortgage element only

The second option adds £200 to £500 to your costs but allows you to keep a solicitor you trust for the main conveyancing work. This situation most commonly arises with smaller building societies, specialist lenders, and some buy-to-let mortgage providers. You can avoid the issue by checking your lender's panel requirements before you instruct. For a detailed look at all conveyancing costs, see our solicitor fees for selling a house guide.

When co-owners disagree about selling

If you own a property jointly with someone else and you cannot agree on whether to sell, what price to accept, or how to divide the proceeds, each co-owner needs their own solicitor. A single solicitor cannot advise both parties when their interests are in direct conflict.

Where co-owners are unable to reach agreement, one party may apply to the court under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for an order for sale. This is a formal legal process that requires each party to be separately represented. The court will consider factors including the purpose for which the property was bought, the interests of any children, and the circumstances of each owner.

TOLATA applications can be expensive, typically costing £5,000 to £15,000 per party in legal fees, depending on the complexity. Reaching agreement through negotiation or mediation is almost always cheaper and faster, but both routes require each co-owner to have their own solicitor.

Commercial versus residential transactions

Dual representation, where one solicitor acts for more than one party, is more common in commercial property transactions than in residential sales. In commercial deals, the parties are often sophisticated businesses with their own in-house legal teams, and the risk of an imbalance in bargaining power is lower.

In residential conveyancing, dual representation is rare and generally only permitted where:

• The transaction is genuinely straightforward
• Both parties give informed written consent
• There is no actual or potential conflict of interest
• The solicitor is satisfied they can act in the best interests of both clients

In practice, most solicitors will decline to act for both buyer and seller in a residential sale. The risk of a conflict arising during the transaction is too high, and the regulatory consequences of getting it wrong are severe. For more on how dual representation works in the limited cases where it is permitted, see our guide on dual representation in conveyancing.

Cost implications of needing two solicitors

Instructing two solicitors instead of one roughly doubles the legal fees for the transaction. Here is a summary of the typical costs in each scenario:

While these costs are significant, the alternative is often worse. A solicitor who acts for two parties with conflicting interests cannot properly protect either. The cost of unwinding a transaction that goes wrong because of inadequate representation is almost always higher than the cost of separate solicitors from the outset.

How to coordinate two solicitors effectively

Having two solicitors on the same transaction adds a layer of complexity. Here are practical steps to keep things on track:

• Share contact details early. Ensure both solicitors have each other's name, firm, reference number, email, and phone number from day one. Delays often occur because one solicitor does not know who to contact on the other side.
• Agree a timeline. Set target dates for key milestones, particularly exchange and completion. If the sale is linked to a court order or a divorce settlement, both solicitors need to know the relevant deadlines.
• Appoint a lead contact. One person, usually the seller or the executor, should act as the main point of coordination. This avoids mixed messages and ensures both solicitors are working from the same information.
• Share documents promptly. If a court order, consent order, or trust deed affects the sale, both solicitors need copies immediately. Do not assume one side will send it to the other.
• Follow up regularly. Check in with both solicitors weekly by phone or email. Ask for updates on specific tasks rather than general progress, as this is more likely to prompt action.
• Put agreements in writing. Any arrangement about how the sale proceeds will be divided, who pays which costs, or what happens if the sale falls through should be confirmed in writing between the solicitors before exchange.

Practical tips for managing costs

If you know you will need two solicitors, there are several ways to keep costs under control:

• Get quotes from at least three firms. The price difference between solicitors for identical work can be £400 or more. Comparing quotes on a total-cost basis (including VAT and disbursements) is the single most effective way to save money. Our guide on conveyancing costs breakdown explains what to look for.
• Check lender panel membership first. Before instructing a solicitor, confirm they are on your mortgage lender's panel. This avoids the need for a second solicitor purely for the mortgage element.
• Consider online conveyancers. For the straightforward conveyancing element (as opposed to dispute resolution), online firms typically charge £500 to £900 plus VAT, compared to £800 to £1,500 plus VAT for high street solicitors. Both must be SRA or CLC regulated.
• Agree the fee structure upfront. Ask each solicitor for a written fee estimate covering all anticipated work, including what happens if the sale falls through or if the matter becomes more complex than expected. Fixed fees are preferable to hourly rates for conveyancing work.
• Prepare your paperwork early. The less time your solicitor spends chasing information, the lower your bill. Completing your property information forms (TA6 and TA10) thoroughly and gathering documents before instructing can reduce follow-up enquiries and additional charges. Pine helps sellers with exactly this kind of preparation.

Sources and further reading

• SRA Code of Conduct for Solicitors, RELs and RFLs (Solicitors Regulation Authority)
• Money and Property When a Relationship Ends (GOV.UK)
• Trusts of Land and Appointment of Trustees Act 1996 (legislation.gov.uk)
• Stamp Duty Land Tax (GOV.UK)
• Using a Solicitor (Law Society)
• Wills, Probate and Inheritance (GOV.UK)
• Find a Licensed Conveyancer (Council for Licensed Conveyancers)

Frequently asked questions