Legal support

• Do you think I have a strong claim and are you willing to take on my case?
• Are you qualified to practise within the jurisdiction of the country where the crash occurred?
• What experience do you have in handling similar cases? Can you give me examples and their outcomes?
• How many similar cases have you handled in the past five years?
• What expertise do you have relevant to my case?
• What fees do you charge?
• What arrangements can you put in place for payment of these fees?
• Will any compensation I receive be reduced to cover legal fees?
• Will I have to pay any legal costs if I lose, and if so, how much will I have to pay?
• Will I have to pay a success fee if I win my case, and if so, how much will I have to pay?
• Will you handle my case yourself entirely, or involve colleagues?
• If you plan to involve colleagues, how much will they be involved, and if a lot, can I meet them now?
• How will we communicate during the process? Will you be available to explain things to me and answer my questions regularly through meetings, emails or over the phone?
• Are you a member of APIL and/or MASS?

By signing up to Brake’s Solicitor Code of Conduct, our personal injury lawyers (and their employees) agree to:

1. Ensure adherence to the Solicitor’s Regulatory Authority (SRA) code of conduct.
2. At all times, treat prospective and existing clients professionally and sensitively, taking care to understand and be empathetic of the trauma and distress caused to people affected by road death and injury.
3. When working with road crash victims conduct themselves professionally, and in a manner that upholds and enhances the reputation of personal injury lawyers.
4. Provide independent legal advice and always act in the best interests of the client.
5. Provide a free, no–obligation, initial consultation to road crash victims seeking advice and support on pursuing a civil claim, and enable them to consider their options and make an informed decision about their next steps (including choosing a firm).
6. Not put pressure on prospective clients to instruct their firm, and to recognise the right, and good practice, of prospective clients speaking to and considering other solicitors before making a final decision regarding their representation.
7. Support clients with the offer of home visits or meetings at a mutually agreeable location (as necessary/requested).
8. Advise the client fully of their legal rights, in accordance with their individual circumstances, so they can access fair and reasonable compensation.
9. Ensure the client is fully aware, and advised on, all cost issues relating to their claim, including how any costs will be paid.
10. Maintain and develop professional qualifications and competencies keeping up to date with current law and procedure via regular CPD (including internal and external training) and in line with personal injury best practice recommendations.
11. Not make uninvited approaches to prospective clients where there has been no request for such contact.
12. Not put pressure on Brake to endorse or recommend the services offered by their particular firm.

We have been careful to ensure that the firms that provide financial support for Brake's National Road Victim Service have agreed to our Code of Conduct . However, this does not imply that Brake can offer guarantees in respect of the information and services that these firms may provide, and no liability will attach to Brake or any of its staff, as a result of any person using this list.

Complaints procedure

If you are unhappy with the service you are getting from your solicitor, you can complain to the firm via its complaints policy, which should be clearly accessible on their website. Alternatively, you can ask to speak to the partner in the practice responsible for looking after clients; often called the complaints partner.

If you remain dissatisfied, it may be possible to change solicitor. Brake's National Road Victim Service can provide advice and assistance on seeking a second opinion or assisting you with any complaint procedures you are following. Call us on 0808 8000 401 or email help@brake.org.uk.

You can also make a complaint about a personal injury solicitor by contacting the legal ombudsman. Call 0300 555 0333 or go to www.legalombudsman.org.uk. Please note that Brake cannot investigate complaints against a solicitor, although we can act as an advocate on your behalf if requested to do so.

Breaches of our Code of Conduct

If you believe that one of National Road Victim Service helpline corporate partners has not complied with Brake’s Solicitor Code of Conduct then please inform Brake in writing, setting out details of the firm and solicitor/s involved, and the specific part of the Code you believe has been breached and why.

Brake will investigate the alleged breach and communicate the outcome of our investigation to the affected client. If we assess that a sponsor solicitor firm has breached our Code of Conduct, where appropriate we will press for any remedial action that is possible on the client’s behalf.

Letters alerting Brake to a breach of our Code of Conduct should be emailed to help@brake.org.uk, stating ‘BREACH – Solicitor Code of Conduct’ in the subject header.