What Does Instructing a Solicitor really mean?

[Rashme]

Hi everyone

If you 'instruct' a solicitor after they've advised you on a course of action to take, and then you instruct them to take it, who's responsible for the legal decisions involved that led to that action?

I always thought a solicitor advises and knows more than a lay person. But if that's the case, why do we 'instruct' them?

If their advice turns out to be poor advice, are we responsible for that because we 'instructed' them?

thanks :-)

[des8]

Re: What Does Instructing a Solicitor really mean?

hi and welcome.

When you "instruct" a solicitor, you are simply telling them to act on your behalf.

If they give you bad advice you may have a claim against them for professional negligence

Had a bad experience?

[Rashme]

Re: What Does Instructing a Solicitor really mean?

hi and welcome.

When you "instruct" a solicitor, you are simply telling them to act on your behalf.

If they give you bad advice you may have a claim against them for professional negligence

Had a bad experience?

Thanks des8!

No bad experience, just one solicitor suggesting to go ahead with something one way, and a few others
saying that it is advisable to do things the other way.

The first option is the most appealing but doesn't seem to be the consensus. The first solicitor says it's a grey area and arguable. But I'm concerned that any 'arguing' down the line would cost me money and/or, if I've 'instructed' on that decision, make me wrong. If I could read information on the subject and fully understand the situation myself, the decision would be easy, I would pick the 'right' one, but I don't know which is the right one - and there is no information anywhere, only the suggestion of it on solicitor's forums, but I can't register with those because I am not a solicitor.

[nemesis45]

Re: What Does Instructing a Solicitor really mean?

Thanks des8!

No bad experience, just one solicitor suggesting to go ahead with something one way, and a few others
saying that it is advisable to do things the other way.

The first option is the most appealing but doesn't seem to be the consensus. The first solicitor says it's a grey area and arguable. But I'm concerned that any 'arguing' down the line would cost me money and/or, if I've 'instructed' on that decision, make me wrong. If I could read information on the subject and fully understand the situation myself, the decision would be easy, I would pick the 'right' one, but I don't know which is the right one - and there is no information anywhere, only the suggestion of it on solicitor's forums, but I can't register with those because I am not a solicitor.

Hi,

In what area of law is the conflicting advice arising?
nem

[des8]

Re: What Does Instructing a Solicitor really mean?

[#QUOTE=Rashme;747881]Thanks des8!

No bad experience, just one solicitor suggesting to go ahead with something one way, and a few others
saying that it is advisable to do things the other way.
/QUOTE]

That's the difficulty in seeking a solution to any problem, you will be given different viewpoints.
Solicitors are no different, there will be different solutions or opinions from different lawyers.
Lawyers make their living arguing with each other in court.

As per Nem, would you like to give us more detail, (perhaps we can confuse matters further)