Duty Solicitor vs Private Solicitor: Is Paying for a Criminal Defence Lawyer Better?

When you’re under police investigation or facing criminal proceedings, it’s completely natural to want the best possible legal representation. Many people assume that paying privately for a solicitor automatically means a higher standard of service, but that isn’t necessarily the case.

At a police station, you do not have to choose between paying privately and accepting whichever duty solicitor is available. Legal advice is free, and you can ask the police to contact a criminal defence solicitor you already know or trust, including JR Levins. If you do not have a particular solicitor in mind, you can ask for the duty solicitor.

Does paying more for a lawyer mean better representation?

There is a common misconception that higher legal fees equal better results. Some firms actively encourage this belief, implying that paying privately increases your chances of success.

In reality:

• Criminal defence outcomes cannot be bought
• No solicitor – paid or unpaid – can guarantee an outcome
• Experience, judgement, and advocacy matter far more than cost

A solicitor’s fee does not determine their competence, expertise, or commitment to your case.

Who are duty solicitors?

Duty solicitors are qualified criminal defence solicitors who provide free legal advice at police stations and magistrates’ courts under the Legal Aid scheme. The duty solicitor is usually contacted when someone has not requested a particular solicitor or firm. However, you are entitled to ask the police to contact a named criminal defence solicitor. For example, you can simply say, “I would like JR Levins to represent me.”  You do not need to wait until that firm happens to be covering the duty rota.

They are:

• Fully independent of the police
• Professionally regulated and accredited
• Required to meet strict experience and training standards
• Actively practising criminal defence solicitors in their own firms

Importantly, duty solicitors do not “work with the police”. Their sole responsibility is to protect your legal rights and act in your best interests. Being introduced through the duty rota does not prevent a client from choosing to continue with that firm afterwards

For example, David Woods, one of our criminal defence solicitors, has over 40 years’ experience in criminal law and regularly acts as a duty solicitor. This means you can receive expert legal advice free of charge and, in some cases, be represented by someone with far more experience than a privately instructed solicitor. Choosing to pay does not guarantee a higher level of expertise.

It’s not uncommon for someone to request a named solicitor with significantly less experience (and pay for it) while declining a duty solicitor who has decades of courtroom and police station experience.

Are duty solicitors as good as private solicitors?

The duty solicitor scheme is sometimes misunderstood as a fallback or inferior option. In reality, it works in much the same way as an out-of-hours GP service.

If your GP surgery is closed, you are still seen by a fully qualified doctor, just not your usual one. The standard of care does not drop, and the same professional obligations apply.

The duty solicitor scheme operates on the same principle. It is a rota of experienced criminal defence solicitors who also act for private clients in their own practices. All duty solicitors must meet strict accreditation and experience requirements, and the advice they provide must meet the same professional standards as any privately instructed solicitor.

In short, the fact that advice is free does not make the solicitor less qualified or less independent.

However, individual experience, communication and continuity can vary between lawyers. That is why you may prefer to request a particular criminal defence firm rather than leaving the choice to the duty rota.

Can a duty solicitor predict the outcome of a case?

No solicitor can predict the outcome of a criminal case. An experienced criminal defence solicitor can assess the evidence, explain the possible outcomes and advise on the best approach, but they should not promise a particular result. Their role is to act firmly in your best interests and ensure you are treated fairly.

It’s expertise, judgement, and ethics that make a big difference, not money.

Should you pay for a solicitor or use a duty solicitor?

Every situation is different, and you always have the right to choose your own legal representative.

What is important to understand is that duty solicitors are experienced criminal defence specialists. Paying privately does not make a solicitor more qualified, and free representation does not mean lower-quality advice.

In many cases, the duty solicitor available to you may be among the most experienced professionals you could instruct.

If you are offered a duty solicitor, you are not settling for less. You are accessing a system designed to ensure fair, independent, and expert legal representation, regardless of your ability to pay.

Most importantly

If the police want to interview you, the important thing is to ask for legal advice before answering questions. You can request JR Levins by name, and police-station advice will usually be provided free of charge. You don’t need to ask for the duty solicitor, unless you do not have a particular solicitor or firm you would like to represent you.

If a JR Levins solicitor has already represented you through the duty scheme, they remain independent of the police and act in your interests. If you’d like to speak to our criminal defence team or understand your options more clearly, we’re always happy to explain, without pressure and without promises we can’t make.

You can directly message a member of the crime team, who will get back to you as quickly as possible, by filling out the enquiry form on the crime page.