What does instructing a solicitor actually mean?

It means formally engaging a firm to act for you on a defined matter. In practice it involves agreeing the scope and fee basis, completing conflict and identity checks, and signing the engagement letter and terms of business, after which the firm can begin work.

What documents should I bring to a first meeting with a solicitor?

Bring the contract or governing documents, all correspondence with the other party, invoices and payment records, notes of relevant meetings or calls, and a dated chronology. Send them in advance where possible so the meeting can focus on advice.

Why do solicitors ask for identification and proof of funds?

Law firms are subject to anti-money-laundering obligations and must verify client identity, beneficial ownership and, in transactions, the source of funds before acting. These checks are compulsory and cannot be waived.

How long does it take for a solicitor to start work?

Where the scope is clear and your documents and identity material are ready, a matter can often start within a few working days. Complex ownership structures, conflict checks or source-of-funds evidence can add time.

Should I tell my solicitor about facts that damage my case?

Yes. Adverse facts almost always emerge later, and a strategy built without them is far more expensive to correct. Communications with your solicitor for the purpose of legal advice are generally protected by legal professional privilege.

Can I delete emails once a dispute has started?

No. Once litigation is contemplated you are expected to preserve documents that may be relevant, including emails, messages and electronic records. Suspend automatic deletion and tell relevant staff in writing not to delete or alter material.

Should I tell a solicitor my budget?

Generally yes. A firm that knows the budget can propose a scope that fits it or tell you honestly that the matter cannot be run properly at that level. Withholding it usually produces a quote based on assumptions rather than your constraints.

Do I need to write everything down before calling a solicitor?

If a deadline is close, call first and prepare afterwards. Otherwise a short written chronology and document index before the first call is the most cost-effective preparation you can do.

Who in my business should give instructions?

One named person, with a deputy for absence. Multiple instruction givers produce contradictory instructions, duplicated advice and higher fees, and can slow decisions at critical points.

Is my conversation with a solicitor confidential before I instruct them?

Solicitors owe duties of confidentiality to prospective clients as well as clients, and initial discussions are normally treated as confidential. Confirm the position at the outset if you intend to share sensitive material before engaging.

Working with solicitors

What to prepare before instructing a solicitor

9 min read · 2,045 words · Published 2026-01-21 · Last reviewed 2026-08-05

A large proportion of the cost of a legal matter is spent before any advice is given. Solicitors have to understand the background, reconstruct what happened, chase missing documents and complete regulatory checks. All of that is billable, and almost all of it can be shortened by the client.

This guide sets out exactly what to prepare before you instruct a solicitor in England and Wales: the documents, the chronology, the identity and anti-money-laundering material, the internal decisions about scope and budget, and the questions to ask at the first meeting.

It is written for businesses instructing on commercial matters - contracts, disputes, transactions, property and employment. It is general information rather than legal advice on your circumstances.

Key takeaways

A dated chronology and an organised document bundle are the two things that save the most money.
Anti-money-laundering and identity checks are compulsory; having the material ready can save several days at the start.
Decide internally what outcome you want, what you would settle for, and who gives instructions before the first call.
Never delete or edit documents once a dispute is foreseeable - preservation obligations bite early.
Ask for a written scope, fee estimate and assumptions before work begins.
Flag any deadline, notice period or limitation date in your very first contact with the firm.

Why preparation reduces cost, not just time

Most commercial legal work is priced against time, either directly through hourly rates or indirectly through a fixed fee that has been calculated from expected time. Either way, the time spent establishing the facts is time not spent on the advice you are actually paying for.

Preparation also improves the advice. A solicitor who receives a clear chronology and a complete document set can identify the decisive point early. One who receives fragments will form a provisional view, then revise it as documents trickle in - and each revision costs money and time.

The single highest-value hour

If you do nothing else, spend one hour writing a dated chronology of what happened. It is consistently the cheapest hour in any commercial matter.

Step 1: Write the chronology

A chronology is a dated list of events with a short factual description of each and a reference to the document that evidences it. It should be neutral: record what happened, not what you feel about it. Opinions belong in a separate note.

What to include in each entry

The date, and whether it is certain or approximate
What happened, in one or two factual sentences
Who was involved, by name and role
The document that evidences it, with a reference you can find again
Whether the event was oral, and if so who witnessed it

Include the unhelpful facts

Facts that damage your position are the ones your solicitor most needs. They almost always emerge later - through disclosure, from the other side, or from a witness - and they are far more expensive to deal with once a strategy has been built without them. A solicitor cannot advise around a problem they have not been told about.

Step 2: Gather and organise the documents

Which documents matter depends on the matter type, but the organising principle is the same: one folder, logically named files, and a short index. Avoid sending documents as a series of separate emails, which forces the firm to reassemble the file at your expense.

Practical organisation

Use a single cloud folder or data room, not email attachments
Name files consistently: date, party, description
Provide native files where possible; PDFs of PDFs lose searchable text
Include full email threads rather than isolated messages
Flag anything privileged or previously provided to another adviser
Note anything you know exists but cannot locate

Scroll the table sideways to see all columns.

Documents typically needed by matter type
Matter type	Core documents to prepare
Contract dispute	The contract and any variations, purchase orders, terms of business, correspondence, invoices, delivery and performance records, notices served
Debt recovery	Invoices, statements of account, the contract or terms, proof of delivery or completion, payment history, all chasing correspondence
Employment matter	Contract of employment, staff handbook, policies, appraisal and disciplinary records, grievance correspondence, notes of meetings, payroll records
Corporate transaction	Statutory books, shareholders' agreement, articles, material contracts, property titles, employee data, accounts, IP registrations, licences
Commercial property	Lease or title documents, plans, rent records, service charge accounts, notices, surveys, consents
Shareholder dispute	Articles of association, shareholders' agreement, board and shareholder minutes, share certificates, accounts, dividend records, employment terms of any shareholder-directors

Step 3: Preserve documents and data

Once litigation is contemplated - not started, contemplated - parties in England and Wales are expected to preserve documents that may be relevant, including electronic material. Routine deletion policies, mailbox clear-downs and device replacements can all destroy relevant evidence, and doing so after a dispute is foreseeable can have serious consequences for the case and for credibility.

Preservation steps to take immediately

Suspend automatic email and document deletion for anyone involved
Tell relevant staff in writing not to delete or alter documents
Preserve messaging app content, including personal devices used for work
Keep the original versions of documents, unannotated
Take copies of anything on a device that may be replaced or wiped
Record where each category of material is stored

Step 4: Prepare identity, ownership and source-of-funds material

Law firms must complete client due diligence before acting, and must verify identity, ownership and - where funds are moving - the source of those funds. These obligations arise from the money laundering regulations and the firm has no discretion to waive them.

For a company client the firm will typically need to identify the entity itself, its beneficial owners, and the individuals authorised to give instructions. Delays here are one of the most common reasons a matter does not start on time.

Have ready for onboarding

Company name, registered number and registered office
Details of directors and persons with significant control
Group structure chart where ownership is layered
Photo ID and proof of address for those giving instructions
Evidence of source of funds for any transaction (accounts, loan agreements, sale proceeds)
Authority to instruct - a board minute or written authorisation where relevant
Details of the counterparty and connected entities for the conflict check

Step 5: Make the internal decisions first

Firms can only advise on the objective you give them. Businesses that have not agreed internally what they want tend to receive advice that shifts as the instruction shifts, which is expensive and slow.

Decide before the first meeting

The outcome you want, and the outcome you would accept
Your walk-away point, commercially and financially
Who owns the matter internally and gives instructions
Who else must be consulted, and how quickly they can respond
Your budget, and who authorises spend above it
Your appetite for risk, delay and publicity
Whether the commercial relationship with the counterparty needs to survive

Set a budget you are prepared to state

Businesses often withhold their budget in the belief that disclosing it invites a higher quote. In practice it does the opposite: a solicitor who knows the budget can propose a scope that fits it, or tell you honestly that the matter cannot be run properly for that figure. Both are useful; a quote given in ignorance of your constraints is not.

Step 6: Identify every deadline

Deadlines change everything about how a matter is handled. Contractual notice periods, break dates, deal timetables, funding conditions, statutory time limits in employment matters and limitation periods for claims all determine the sequence of work and sometimes whether a route remains available at all.

List every date you can identify, mark which are certain and which are estimated, and put them in your first message to the firm rather than waiting for a meeting.

If a limitation date may be close

Say so immediately and in writing. Protective steps may be needed within days, and a firm cannot prioritise a deadline it does not know about.

Step 7: Run the first meeting well

Send your chronology, index and key documents in advance so the meeting begins with analysis rather than narration. Keep attendance small, take your own note, and end with agreed actions and owners.

An agenda that works

Five minutes: your objective and constraints
Ten minutes: the solicitor's initial view of the position
Ten minutes: options, with the realistic range of outcomes for each
Ten minutes: scope, fee basis, estimate and assumptions
Five minutes: next steps, owners and dates

Questions to ask before you leave

What is the strongest point against us?
What do you need from us, and by when?
What will the next stage cost, and what could change that?
When will we next review whether this is worth continuing?
Who do I contact if you are unavailable?

After you instruct: keeping the matter efficient

Route all instructions through one internal owner
Batch questions rather than emailing as each arises
Respond to document requests in full the first time
Keep your own running note of decisions and dates
Ask for a costs update at agreed intervals, not only at billing
Tell the firm promptly if the commercial objective changes
Do the collation and chronology work in house where you can

Pre-instruction checklist

Dated chronology written, including unhelpful facts
Documents collected, named and indexed in one place
Preservation steps taken if a dispute is possible
Identity, ownership and source-of-funds material assembled
Objective, fallback position and budget agreed internally
Single internal owner appointed
All deadlines listed and flagged to the firm

Frequently asked questions

What does instructing a solicitor actually mean?: It means formally engaging a firm to act for you on a defined matter. In practice it involves agreeing the scope and fee basis, completing conflict and identity checks, and signing the engagement letter and terms of business, after which the firm can begin work.
What documents should I bring to a first meeting with a solicitor?: Bring the contract or governing documents, all correspondence with the other party, invoices and payment records, notes of relevant meetings or calls, and a dated chronology. Send them in advance where possible so the meeting can focus on advice.
Why do solicitors ask for identification and proof of funds?: Law firms are subject to anti-money-laundering obligations and must verify client identity, beneficial ownership and, in transactions, the source of funds before acting. These checks are compulsory and cannot be waived.
How long does it take for a solicitor to start work?: Where the scope is clear and your documents and identity material are ready, a matter can often start within a few working days. Complex ownership structures, conflict checks or source-of-funds evidence can add time.
Should I tell my solicitor about facts that damage my case?: Yes. Adverse facts almost always emerge later, and a strategy built without them is far more expensive to correct. Communications with your solicitor for the purpose of legal advice are generally protected by legal professional privilege.
Can I delete emails once a dispute has started?: No. Once litigation is contemplated you are expected to preserve documents that may be relevant, including emails, messages and electronic records. Suspend automatic deletion and tell relevant staff in writing not to delete or alter material.
Should I tell a solicitor my budget?: Generally yes. A firm that knows the budget can propose a scope that fits it or tell you honestly that the matter cannot be run properly at that level. Withholding it usually produces a quote based on assumptions rather than your constraints.
Do I need to write everything down before calling a solicitor?: If a deadline is close, call first and prepare afterwards. Otherwise a short written chronology and document index before the first call is the most cost-effective preparation you can do.
Who in my business should give instructions?: One named person, with a deputy for absence. Multiple instruction givers produce contradictory instructions, duplicated advice and higher fees, and can slow decisions at critical points.
Is my conversation with a solicitor confidential before I instruct them?: Solicitors owe duties of confidentiality to prospective clients as well as clients, and initial discussions are normally treated as confidential. Confirm the position at the outset if you intend to share sensitive material before engaging.