What does a solicitor cost in Scotland?
There is no fixed scale, rates vary widely, and the profession is required to tell you in writing what it will charge. Most complaints about fees come from people who never asked at the start.
The four ways you will be charged
The letter of engagement
A Scottish solicitor must give you written information about fees and outlays at the outset, together with the name of the person responsible for your work and the firm’s complaints procedure. If you have not received that letter, ask for it. It is the document you will rely on if there is a dispute later.
Outlays and VAT
Outlays are what the solicitor pays out on your behalf: court dues, registration dues, searches, medical reports, experts, sheriff officers, counsel. They are separate from the fee and can be substantial, particularly expert evidence in a clinical negligence or a complex family case. VAT is charged on the fee and on some outlays.
A quotation that shows a fee and no outlays is incomplete. Ask for both.
No win, no fee, and the question to ask
The phrase covers two arrangements. In one, the solicitor recovers judicial expenses from the losing side and you keep all of your compensation. In the other, the solicitor also takes a percentage of your damages as a success fee. Scottish legislation permits the solicitor to keep the recovered expenses and charge a success fee, so this is lawful and not uncommon.
Ask one question
Will any percentage of my compensation be deducted, and if so how much? The answer distinguishes two firms whose advertising is identical. Where a success fee is charged, regulations cap it at twenty per cent of the first hundred thousand pounds, ten per cent of the next four hundred thousand and two and a half per cent above five hundred thousand, applied in bands and inclusive of VAT. Separately, if the claim fails you pay neither fees nor outlays. In an employment tribunal case the cap is thirty-five per cent, and in most other civil work it is fifty per cent.
If you think the fee is too high
Raise it with the firm first, in writing, using their complaints procedure. If that does not resolve it, a complaint about a fee may be taken to the Scottish Legal Complaints Commission, which is the single gateway for complaints about Scottish solicitors. A fee can also be remitted for independent assessment by a law accountant, and the firm should explain that option.
What to ask before instructing
- What is the hourly rate, and who will actually do the work?
- Is a fixed fee available for any part of it?
- What outlays should I expect, and roughly when?
- Will any percentage of my compensation be taken?
- Do I qualify for legal aid, and do you do legal aid work?
- How and how often will I be billed?
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
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