I’ve been called to a Public Inquiry. Do I really need a solicitor?

The short answer is almost invariably ‘yes’.

Just 2 weeks ago we received an instruction from an operator who did not attend his Public Inquiry (never mind get legal representation) as he didn’t actually need the licence anymore. It was for a dormant company which no longer ran lorries.

Why did he get in touch? Because the Traffic Commissioner not only revoked the licence held by the dormant company but disqualified him as a director from any business which held an operator’s licence for 5 years. As he held a licence in a different traffic area this meant he would have to resign as a director or surrender that licence too!

This was not something the director had contemplated when he wrote to the TC’s office to let them know he would be “happy to surrender the licence” (this was rejected) and he wasn’t going to attend.

My point is that unforeseen consequences can occur. If you are not sure how the outcome of the Public Inquiry might affect you or your business, then book a consultation. You don’t have to go any further than the initial meeting (and can still represent yourself) but it is always worth taking advice on the evidence and potential consequences.

How do I choose who to represent me?

I have been sitting opposite a client in consultation when they have received an unsolicited call from a firm of solicitors offering to represent them. I have also seen some of the literature that they are sent.

It is worth noting that solicitors should not be sending this out to ‘potential’ clients and we will never approach you like this.

The guidance from the SRA reminds us that solicitors are generally prohibited from making unsolicited approaches to the public to advertise legal services, except to current or former clients*.  In old money, this is ‘ambulance chasing’.

A solicitor should be chosen based on recommendation if possible. Look at their website. Do they have the relevant experience to help with the area of law that is causing you an issue?

Look at their reviews. Are they positive? With social media you can post questions on well known Facebook pages and other groups and expect to receive lost of recommendations for solicitors who specialise in the area of law you need help with. Use that as a starting point.

Speak to the firms / people recommended. Are they someone who inspires confidence? Could they make a difference to your case?

Over the years I have spoken to clients who have pleaded Guilty when they didn’t need to (and paid a hefty fine), been disqualified when they didn’t know that was a possibility and lost their business when they thought they would “just be fined”.  All of these scenarios can be avoided if you take appropriate advice from the right person in advance of your case.

Should I just go down there and hold my hands up?

I have lost count of the number of people who have said they are going to “go down there and take it on the chin” or similar.

I can tell you from experience that whilst TC’s welcome a candid approach, they will seek more from you than a simple admission that you have “got things wrong in the past” and “will put it right in the future”.

TC’s need re-assurance that you can be trusted to operate compliantly. This means demonstrating by the production of evidence that you have put measures in place to prevent repetition. That you understand what is required of you and your business and that you understand and will adhere to operator licensing laws and principles.

Put succinctly, a simple apology is unlikely to produce the favorable result you are hoping for.

We are experts in Operator licensing. As a business we have covered hundreds of Public Inquiries, Magistrates Courts and Crown Court cases in everything from MOT Fraud to Causing Death by Careless Driving. We have solicitors who are Police Station accredited, have Higher Rights of Audience and significant experience of both prosecuting and defending operators across the whole of the United Kingdom.

Get in touch for a fixed fee proposal and an informal discussion about your case so that you can make an informed decision about whether you really need a solicitor.  We can help you to achieve the result you need to keep you in business.

See my YouTube video for ‘How to prepare for your Public Inquiry’ and get in touch for a fixed fee for your first consultation. 

(1) Carolyn Evans PUBLIC INQUIRY ‘BE PREPARED' - CE Transport Law Conference 2019 - YouTube

*This restriction is specified under paragraph 8.9 of the Code of Conduct for Solicitors and paragraph 7.1 (c) of the Code of Conduct for Firms.