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Resolving complaints about solicitors

Remuneration Scheme

The Remuneration Scheme is designed to ensure that the amount your solicitor is charging you for their work is fair and reasonable. Only bills for work that did not include court proceedings can be checked under the scheme.

You should immediately apply for a remuneration certificate if you have

  • told your solicitor you think their bill is too high
  • tried and failed to reach agreement with your solicitor about the bill

The Remuneration Scheme doesn't deal with complaints about poor service.

Call our helpline – 0845 608 6565 – if you need advice about the best thing to do in your circumstances.

What is a remuneration certificate?

A remuneration certificate is a statement of the amount we believe you should pay your solicitor for work they've completed. It's always an amount we think is fair – based on our assessment of the work completed by your solicitor. You and your solicitor will have a chance to review and comment before we issue the certificate.

Who can apply for a remuneration certificate?

You can apply for a remuneration certificate if you are

  • the person the bill is addressed to – the solicitor's client
  • the person, or one of the people, entitled to receive the rest of the estate in a probate matter.

If you are a paying third party (that is, if you aren't the solicitor's client), you must ask the person who is the solicitor's client to apply for the certificate. For example, if you're a tenant and are required to pay your landlord's solicitor's fees, you must ask your landlord to apply to their solicitor for the certificate.

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How do I apply for a remuneration certificate?

You must apply directly to your solicitor (not to us) in writing for a remuneration certificate. Your solicitor then applies to us for a remuneration certificate on your behalf.

Time limits

When your solicitor informs you of your right to apply for a remuneration certificate (many solicitors do this in a statement printed on the back of the bill), you have one month to apply to your solicitor in writing for a remuneration certificate.

If your solicitor doesn't inform you of your right to apply for a remuneration certificate – and they've already taken their costs from money they are holding for you – you have three months from the date you receive the bill to apply to your solicitor in writing for a remuneration certificate.

Your solicitor then applies to us for a remuneration certificate on your behalf.

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Paying part of your bill in advance

If you haven't paid your bill when you apply to your solicitor for a remuneration certificate, your solicitor can ask you to pay part of the bill no later than one month after the date they informed you of your right to apply for a remuneration certificate. The part of the bill your solicitor is entitled to ask you to pay at this stage is

  • half of their professional charges
  • all of the VAT
  • all of the money they have paid out on your behalf

Your solicitor is entitled to delay applying to us for a remuneration certificate on your behalf until you've paid this part of the bill.

However, at this stage, you can ask us for a waiver. You must contact us explaining why you shouldn't have to pay part of the bill. You should also tell your solicitor you have asked us for a waiver.

We may agree that you don't have to pay part of the bill before we issue the remuneration certificate – but only in exceptional circumstances. Below are some examples

  • your solicitor didn't give you any information about how much they would charge for their work
  • your solicitor gave you an estimate, but charged you much more
  • your solicitor is already holding enough of your money to cover their costs
  • your solicitor is the subject of disciplinary proceedings or an intervention

Financial difficulty is not an exceptional circumstance.

Call our helpline – 0845 608 6565 – if you need help applying for a waiver.

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What happens after I've asked my solicitor to apply for a remuneration certificate?

Your solicitor completes a remuneration certificate application form and sends it to you for comments. When your solicitor receives your comments, they send us the application form, plus any original files or papers.

We examine the application, assess your solicitor's costs, and provide you and your solicitor with a provisional assessment.

If you and your solicitor agree with the assessment, we issue the remuneration certificate. The certificate states the amount you'll need to pay your solicitor.

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How long does the process take?

We try to deal with all applications for a remuneration certificate within five months of receiving them. But it may take longer. This is because we need to ensure that

  • the application is correct
  • we have received all relevant documents from your solicitor

It's also important for you to have an opportunity to give us your comments on the application and the provisional assessment.

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Is there any chance you'll increase my solicitor's bill?

No. When we issue a remuneration certificate, your solicitor's bill will either be reduced or stay the same.

However, your solicitor can charge interest on any portion of the bill you haven't paid. As a result, if our remuneration certificate doesn't reduce your bill, and your solicitor charges you interest on any unpaid portion of the bill during the remuneration certificate process, the total amount you'll owe your solicitor will be greater than if you hadn't challenged the bill using our Remuneration Scheme.

Can I challenge my solicitor's bill, again, after you've issued a remuneration certificate?

After we've issued a remuneration certificate, you might be able to challenge the bill again using court assessment. You should get independent legal advice before pursuing this option.

Are there any issues you can't deal with under the Remuneration Scheme?

The purpose of the Remuneration Scheme is to ensure that the amount your solicitor is charging you for their work is fair and reasonable. The scheme can't deal with allegations of negligence or resolve disputes about
  • whether instructions were given
  • the quality of legal advice you were given
  • VAT refunds
  • whether all or part of your solicitor's bill should be paid by another person
  • questions of law

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Is there anything else I need to know?

If you don't pay your solicitor's bill, your solicitor can't begin proceedings against you to recover their fees unless they've advised you of your right to a remuneration certificate or court assessment.

If your solicitor has advised you of your right to a remuneration certificate or court assessment, they can begin to charge you interest one month after they send you the bill – on any portion of the bill that you haven't paid. As long as you haven't agreed another arrangement with your solicitor, they can't charge you interest at a rate of more than 8% pa.

To avoid paying any interest, pay the whole of your solicitor's bill immediately after you've applied for a remuneration certificate. When paying the bill, you must tell your solicitor in writing the following:

Payment is made subject to the outstanding application for a remuneration certificate continuing and if you (the solicitor) do not accept this condition, the payment must be returned.

If you don't make this clear, you may lose your right to a remuneration certificate.

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There are strict time limits. In most cases, you must apply for a remuneration certificate no more than one month after you've received your solicitor's bill. Call our helpline – 0845 608 6565 – if you're unsure about the deadlines or need help applying to your solicitor for a remuneration certificate.