Neumans

Freedom of choice of solicitor under union membership or legal expenses insurance

Many people are ‘insured persons’ as they have union membership or they (or their spouses or parents they are living with) have legal expenses cover under the terms of insurance policies, such as household insurance.    

Unions or insurers usually insist that ‘insured persons’ use their panel solicitors. This means that insured persons often end up with overworked solicitors from different parts of the country (whom they may never meet) and who may not have any particular specialism in the problem that has arisen.  

Under the Insurance Companies (Legal Expenses Insurance) Regulations 1990 ‘insured persons’ are free to choose a solicitor of their choice. Usually contractual terms in the insurance document means that this is only actionable upon the issue of legal proceedings. Some insurers allow this to be extended so ‘insured persons’ can appoint their own solicitors before proceedings are issued.

However unions and insurance companies often make it difficult for ‘insured persons’ to appoint their own solicitors. Persons who need legal advice should not be forced to deal with solicitors that they don’t want.

The Financial Ombudsman guidance on the issue of appointing solicitors states that in complex cases or cases with special features or ones which involve employment disputes insurers are expected to agree to the ‘insured persons’ requests to use the solicitors of their choice.

If you have union membership and / or legal expenses insurance and wish to appoint Neumans LLP as your specialist solicitors please contact us. We will liaise with your union or insurers directly.

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