Solicitors Explain: A Guide to Legal Timelines

“Why is it taking so long?” is a question solicitors are asked multiple times a day. At RLK Solicitors, we understand that navigating the legal system can be a daunting and sometimes frustrating experience. . 

This guide aims to demystify the timelines associated with various legal processes, explain why certain stages may require more time than anticipated, and demonstrate how we at RLK Solicitors strive to deliver the most efficient service possible for our clients.

Understanding Legal Timelines: An In-Depth Overview

Legal processes vary significantly in duration, influenced by factors such as case complexity, specific area of law, and external elements beyond our control. It’s essential to understand that while we always aim for efficiency and a quick resolution, the legal system is designed to be thorough and fair, which sometimes requires more time to ensure the best possible outcome for our clients.

Let’s look at the typical timelines for common legal processes:

Conveyancing: 8-12 Weeks

Conveyancing, the legal process of transferring property ownership, typically takes between 8 to 12 weeks. This timeline can be broken down into several key stages:

  1. Property Searches (2-3 weeks): This important step involves various inquiries to local authorities, environmental agencies, and water companies. These searches reveal important information about the property, such as planning permissions, flood risks, and sewage systems. The time taken depends on the efficiency of the relevant authorities and the complexity of the property’s history.
  2. Mortgage Offer (2-4 weeks): If you’re purchasing with a mortgage, lenders need time to assess your application and conduct a property valuation. This process ensures that the property is a suitable security for the loan. The timeline can vary based on the lender’s workload and the complexity of your financial situation.
  3. Exchange to Completion (1-4 weeks): This final stage can be relatively quick for straightforward transactions but may extend in cases involving property chains. Each party in the chain must be ready to exchange simultaneously, which can cause delays if any party encounters issues.

Understanding these stages helps explain why conveyancing can’t be rushed. Each step is designed to protect your interests and ensure a smooth property transaction.

Divorce: 6-8 Months

The divorce process in England and Wales underwent significant changes with the introduction of no-fault divorce in April 2022. The new system, while more amicable, has a built-in timeline to allow for reflection and practical arrangements:

  1. Application to Conditional Order (20 weeks minimum): This period begins once the divorce application is issued by the court. It’s designed as a reflection period, allowing couples to consider reconciliation or, more commonly, to make necessary arrangements regarding finances and children. This timeline is mandated by law and cannot be shortened, even if both parties are in full agreement about the divorce.
  2. Conditional Order to Final Order (6 weeks and 1 day minimum): After the court grants the Conditional Order (formerly known as Decree Nisi), there’s a further waiting period before you can apply for the Final Order (formerly Decree Absolute). This time allows for any last-minute disputes to be raised and for financial arrangements to be finalised.

It’s important to note that while these are the minimum timeframes, many divorces take longer, especially when dealing with financial settlements  or there are disputes over child arrangements. At RLK Solicitors, our divorce solicitors guide our clients through this process, ensuring they understand each stage and helping them use this time productively to plan for their future.

Wills and Probate: 6-12 Months

The administration of a deceased person’s estate, known as probate, can be a complex and time-consuming process:

  1. Straightforward Estates (6-9 months): In cases where the deceased’s assets are easily identifiable, there are no disputes among beneficiaries, and the will is clear and valid, the process can be completed in around 6-9 months. This timeline includes gathering information about the estate, applying for the Grant of Probate, paying any inheritance tax due, collecting assets, paying debts, and distributing the estate to beneficiaries.
  2. Complex Estates (12 months or more): Estates involving multiple properties, businesses, or potential inheritance disputes can take significantly longer. Complex tax issues, such as those involving business relief or agricultural property relief, can also extend the timeline. In some cases, we may need to apply to the court for directions, which can add several months to the process.

It’s important to note that even in straightforward cases, there is a statutory waiting period of 6 months from the date of the Grant of Probate during which creditors can make claims against the estate. This is why executors are often advised not to distribute the estate fully before this period has elapsed. Our Wills, Trust and Probate team are here to help if you need guidance.

Commercial Litigation: 6-18 Months

Commercial litigation timelines can vary widely, typically ranging from 6-18 months, but potentially longer for very complex cases. The duration depends on several factors:

  1. Case Complexity: Cases involving intricate legal issues, multiple parties, or large volumes of evidence naturally take longer to resolve. Our team at RLK Solicitors meticulously prepares each case, ensuring all angles are considered and all evidence is thoroughly analysed.
  2. Court Availability: The HM Courts and Tribunals Service manages a high volume of cases, which can lead to delays in scheduling hearings. While we always push for the earliest possible dates, court schedules are beyond our control. An alternative to using the Courts as the medium for dispute resolution, the parties can agree to a process called Arbitration. Arbitration is a private procedure where parties agree to have a neutral third party, called an Arbitrator, make a binding decision on a dispute instead of going to court. This is often much quicker than the Court process. 
  3. Willingness of Parties to Negotiate: Many commercial disputes are resolved through negotiation or alternative dispute resolution methods like mediation. While these can be quicker than going to trial, the negotiation process itself can take time, especially if the parties’ initial positions are far apart.
  4. Disclosure Process: In complex commercial cases, the disclosure of relevant documents can be a lengthy process. This is crucial for ensuring all parties have access to the information needed to present their case fairly.
  5. Third Parties: In some cases there are third parties such as witnesses or experts whose involvement is crucial to the case. Their availability is outside of our control and can sometimes lead to delays.  

Throughout the litigation process, we at RLK Solicitors keep our clients informed of progress and any potential delays, always working towards the most efficient resolution possible while protecting our clients’ interests.

Why Do Legal Processes Sometimes Take Longer Than Expected?

Understanding the reasons behind legal delays can help manage expectations and reduce frustration. Here are some key factors that can extend legal timelines:

1. Complexity of the Case

Legal matters often involve intricate details and nuanced interpretations of the law. Complex cases require extensive research, consultation with experts, and careful preparation. While this thoroughness may extend timelines, it’s crucial for protecting your interests and ensuring the best possible outcome.

For example, in a commercial dispute involving intellectual property rights, we might need to consult with industry experts, analyse complex contracts, and research relevant case law. This depth of preparation is essential for building a strong case but inevitably takes time.

2. Court Delays

The UK court system, managed by HM Courts and Tribunals Service, handles a high volume of cases across various jurisdictions. This can lead to delays in scheduling hearings, processing paperwork, or issuing judgments.

While frustrating, these delays are unfortunately beyond our control. At RLK Solicitors, we maintain strong relationships with court staff and always push for the earliest possible dates for our clients’ matters.

3. Third-Party Responses

Many legal processes involve waiting for responses from third parties. This could include:

  • Mortgage lenders in conveyancing transactions
  • The other party’s solicitors in various disputes
  • Government agencies for certain documents or approvals
  • Medical experts in personal injury cases

We proactively chase these third parties to minimise delays, but ultimately, we’re dependent on their response times.

4. Statutory Waiting Periods

Some legal processes have mandatory waiting periods set by law. For instance, the no-fault divorce process includes a 20-week reflection period that cannot be shortened, even if both parties are in full agreement.

These waiting periods are designed to protect all parties involved and ensure that important decisions are not rushed. While they can be frustrating, they’re an essential part of the legal process.

5. Gathering and Verifying Information

Ensuring all necessary information is collected and verified is crucial for building a strong legal case. This process can be time-consuming but is essential for protecting your interests.

In probate cases, for example, executors must undertake a thorough search for all the deceased’s assets and liabilities. This can involve contacting multiple banks, pension providers, and creditors, each of which may have their own processing times.

6. Negotiations and Dispute Resolution

In cases involving negotiations or dispute resolution, reaching an agreement can take time, especially if parties have conflicting interests. While mediation and other forms of alternative dispute resolution can often be quicker than going to court, the process of finding common ground can still be lengthy.

How RLK Solicitors Maximises Efficiency in Legal Processes

At RLK Solicitors, we’re committed to providing the most efficient service possible while never compromising on quality. Here’s how we work to minimise delays:

1. Proactive Case Management

We utilise advanced case management systems to track deadlines, set reminders, and ensure all necessary steps are taken promptly. This technology allows us to manage multiple aspects of your case simultaneously, reducing overall timelines.

2. Clear Communication

We believe in keeping our clients informed at every stage of the process. We explain potential delays and their reasons, ensuring you’re never left in the dark about the progress of your case. Our team is always available to answer your questions and provide updates, helping to alleviate any concerns about the pace of proceedings.

3. Efficient Document Handling

Our secure digital systems for document management allow for quick access and processing of important paperwork. This not only speeds up our internal processes but also enables us to respond swiftly to requests from courts, other solicitors, or third parties.

4. Strategic Planning

From the outset of your case, we develop a clear strategy, anticipating potential issues and planning accordingly to minimise delays. This proactive approach allows us to address potential roadblocks before they become significant obstacles.

5. Strong Relationships with Third Parties

Our established relationships with courts, other solicitors, and relevant agencies often help in expediting processes where possible. While we can’t circumvent official procedures, these relationships can help smooth the path and reduce unnecessary delays.

6. Continuous Professional Development

Our team regularly undergoes training to stay updated on the latest legal developments and efficient practices in our areas of expertise. This commitment to ongoing learning ensures we’re always equipped with the most current knowledge and skills to handle your case efficiently.

Our Commitment to You

At RLK Solicitors, we understand the importance of timely resolution in legal matters. While we can’t always control external factors that impact timelines, we are steadfastly committed to:

  • Keeping you informed about the progress of your case with regular, clear updates
  • Explaining any delays and their reasons in plain, understandable language
  • Working efficiently to move your case forward as quickly as possible without compromising on quality
  • Providing realistic timelines based on our extensive experience, so you can plan accordingly
  • Always prioritising your best interests, even if it means taking a bit more time to ensure the best outcome

We believe that a thorough, well-managed legal process is key to achieving the best results for our clients. While we always strive for efficiency, we never compromise on the quality of our work or the protection of your interests.

Legal processes can be complex and time-consuming, but with RLK Solicitors by your side, you can be confident that your matter is being handled with the utmost professionalism, care, and efficiency. We’re here to guide you through every step of your legal journey, ensuring you’re informed, supported, and confident in the process.

If you have any questions about the timeline for your specific legal matter, please don’t hesitate to contact us. At RLK Solicitors, we’re here to provide the expert guidance and support you need, every step of the way.