Civil Process of England and Wales

If you want to become a solicitor in England and Wales, you will have to familiarise yourself with this Civil Process.

Step 1
The client enters a solicitor’s office or contacts the solicitor for help. The initial point of contact can be in person, via phone, or through online communication. The client presents their issue or legal need to the solicitor.

Step 2
The solicitor conducts an interview with the client and decides whether to take on the case. During this interview, the solicitor gathers information about the client’s situation to understand the legal issues involved. The solicitor assesses the merits of the case and determines if it falls within their area of expertise and capacity to handle.

Step 3
If the solicitor accepts the case, they will draw up a statement which will be signed by the client. The statement, often referred to as a retainer agreement or engagement letter, outlines the scope of work, the responsibilities of both parties, and the terms of the solicitor-client relationship. The client’s signature indicates their agreement to these terms.

Step 4
The solicitor decides if an expert witness is required. Based on the nature of the case, the solicitor determines whether expert testimony is needed to support the client's claims. This could include medical professionals, forensic experts, or other specialists.

Step 5
All relevant documentation is passed from the client to the solicitor at this stage. The client provides the solicitor with all necessary documents and evidence related to the case. This can include contracts, emails, photographs, medical records, and any other pertinent materials.

Step 6
The client makes notes of all relevant events. The client keeps a detailed record of events, including dates, times, and descriptions of incidents relevant to the case. These notes can be crucial for building a timeline and providing context.

Step 7
The solicitor ascertains whether a claim is worth pursuing. The solicitor evaluates the strength of the case, considering factors such as legal precedents, potential defences, and the likelihood of success. They advise the client on whether it is advisable to proceed.

Step 8
The solicitor discusses the matter of payment with the client. The solicitor explains the costs involved, including legal fees, court fees, and potential additional expenses. They discuss various payment options and agreements.

Step 9
The solicitor estimates the fee and payment arrangement. An estimate of the total cost is provided, and a payment plan is established. This might include hourly rates, fixed fees, or contingency fees (where payment is contingent on winning the case).

Step 10
The solicitor enters into correspondence with the other party to the dispute. Initial communication is made with the opposing party or their legal representative. This might involve sending a letter of claim, outlining the client’s case, and requesting a response.

Step 11
A series of negotiations takes place prior to court proceedings. The solicitor attempts to resolve the dispute through negotiation, aiming to reach an agreement that avoids the need for court action. This can include mediation or settlement discussions.

Step 12
If negotiations fail, either the case will be dropped or court proceedings will follow. If an amicable resolution cannot be reached, the solicitor and client decide whether to abandon the case or proceed with litigation.

Step 13
If the case is dropped, no further action will be taken. The solicitor formally ends their involvement, and no legal action is pursued. The client may need to sign a document acknowledging the termination of the case.

Step 14
If court proceedings begin, the decision on where the dispute should be heard will be made. The solicitor assesses which court has jurisdiction over the case, considering factors like the value of the claim and the nature of the dispute.

Step 15
The client has a free choice to issue the claim in the High Court or in the county court. Depending on the specifics of the case, such as its complexity and financial value, the client can choose to file the claim in the High Court for more serious cases or the county court for less complex, lower-value claims.