What is a Duty Solicitor?

Everybody who finds themselves under arrest will be asked whether or not they'd like a solicitor. In almost every case, those services will be free of charge under the Governments Advice at the Police Station Scheme. 

Some people will know of a solicitor who they'd like to look after them. If you don't know of a solicitor or haven't been represented by a particular solicitor in that area, you will be offered the services of the Duty Solicitor. 

There's a lot of confusion around what a Duty Solicitor is and in particular, whether they work for the very police force who are responsible for your arrest. The following is a guide to what a Duty Solicitor is and how someone becomes a Duty Solicitor. 

What is a Duty Solicitor?

A Duty Solicitor is a lawyer who's on hand to help people who don't already have a solicitor with them. If you're arrested or have to go to court unexpectedly, you can ask to speak to the duty solicitor.

They're there to give you independent legal advice, explain what's happening, protect your rights, and represent you if needed. If you're at a police station, they can be with you during interviews and advise you before you answer any questions.

In the UK, speaking to a Duty Solicitor at a police station is free, and they work for you—not for the police. You're also not obliged to keep them as your Solicitor afterwards; you can choose a different lawyer later if you want.

How does someone become a Duty Solicitor? 

Becoming a Duty Solicitor takes several years because you first have to qualify as a Solicitor and then gain specialist criminal law experience.

The typical route looks like this:

• Qualify as a solicitor

Complete a law degree (or another degree followed by a law conversion course)

Pass the Solicitors Qualifying Examination (SQE)

Complete two years of qualifying work experience

• Be admitted as a solicitor by the Solicitors Regulation Authority (SRA); and 
• Work in criminal law

Most aspiring Duty Solicitors join a criminal defence firm. They spend several years representing clients at police stations and in the criminal courts, learning criminal procedure, evidence, and advocacy.

• Become a police station representative

Before becoming a duty solicitor, many solicitors qualify as accredited police station representatives. This allows them to advise suspects at police stations, often under supervision at first.

• Gain Duty Solicitor accreditation

To join the Duty Solicitor Scheme, you must complete the specialist accreditation process. This includes: demonstrating practical experience in criminal defence, passing assessments, completing a portfolio of casework, and
showing you're competent to represent clients independently.

• Join the Duty Solicitor rota

Once accredited, you can be placed on the local duty solicitor rota. This means you'll be assigned cases when someone requests a duty solicitor at a police station or court.

How long does it take?

For most people, it takes around 5 to 7 years from starting legal education to becoming a duty solicitor. Some take longer, depending on how quickly they gain the required criminal law experience.

What skills do duty solicitors need?

A good duty solicitor needs to be able to:

• Stay calm under pressure
• Think quickly and make sound legal decisions
• Communicate clearly with clients who may be frightened or distressed
• Negotiate effectively with the police and prosecutors; and 
• Understand criminal law and court procedures in detail.

It's a demanding role because Duty Solicitors are often called out at any time of the day or night and may deal with serious offences ranging from theft to murder. Their job is to make sure every suspect has access to fair legal representation, regardless of the allegation.