Can I Choose My Own Solicitor for Fitness to Practise?

If you have legal expenses insurance with your household,  (or for example with ARAG, Howdens, DAS, or MDDUS Solutions) or union membership, you may have been told you are tied to a panel solicitor.

Many insurers will tell you that you have to use their own lawyers. This is not true and it is wrong. The Insurance Companies (Legal Expenses insurance) Regulations 1990 gives you a fundamental right to choose your own solicitor. It says:

6.—(1) Where under a legal expenses insurance contract recourse is had to a lawyer (or other person having such qualifications as may be necessary) to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured shall be free to choose that lawyer (or other person).

What this means is you can insist on using your own fitness to practise solicitor. We would first need to consider your insurance policy terms and conditions and agree to the rates set out by your insurer. However insurance companies cannot use its rates to try and restrict your freedom of choice as the indemnity limit is the all important criteria.

Why Choose Regulation Resolution Instead of Your Insurance Provider’s Panel Solicitor

Your indemnity or member-benefit policy gives you the right to select your own legal representative for fitness to practise cases. However, many healthcare professionals still default to their insurer’s panel solicitor without realising the disadvantages of doing so.

The Problem with Panel Solicitors

Panel solicitors are bound by strict insurer cost restrictions. In order to remain profitable, large firms often assign junior lawyers or paralegals to your case, rather than experienced solicitors with real expertise in healthcare regulatory defence. This means your fitness to practise case could be treated as bulk work, with less strategic input than is needed for such high-stakes matters. You may find communication is slow and decisions are made by people who lack the hands-on experience to guide you through complex regulatory processes. Your professional future could end up depending on someone handling their first case of this kind.

The Regulation Resolution Commitment

Every fitness to practise matter, regardless of complexity, is managed directly by a senior specialist with genuine experience in healthcare regulatory law. Our reputation relies entirely on achieving excellent results for each client, not on processing large volumes of work for insurers. You will never have a junior learning on the job at your expense. Our Managing Director brings unique insight from working as a Chief Prosecutor, providing you with strategic advice informed by a deep understanding of the regulatory environment. We take control of your case, plan robust strategies, and maintain momentum from start to finish.

Dedicated Service and Senior-Level Expertise

With Regulation Resolution, you receive straightforward communication, continuity, and advice tailored to your individual circumstances. We ensure you remain involved and informed, with no risk you’ll be left in the dark. Your career deserves more than generic processes or junior representation, it needs personal, senior attention from proven fitness to practise solicitors who treat your concerns as their own.

Your insurance gives you the power to choose—make sure you select a solicitor trusted by healthcare professionals nationwide.

If you are unsure, contact us—we can quickly clarify your policy and your options for specialist representation.

Get Clear Answers and Expert Defence

We can help you understand your choices and represent you throughout the process, drawing on former prosecutor insight and proven regulatory defence expertise.

Free initial consultation

FAQs

Q: When does the right to choose your own solicitor apply if you have insurance?

A: Usually when formal legal or regulatory proceedings have started and you need legal representation beyond the initial stage.

Q: Does every product cover this?

A: No. You need regulated legal expenses insurance, not just union membership or discretionary indemnity. Always check your policy documents, or ask us to review them for you.

Q: Is there any extra cost?

A: Insurer-funded work is subject to their rates and terms, but if you fund a private solicitor, we are fully transparent about our fixed fees and hourly rates from the outset.

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Please do not delay. The sooner you contact us, the sooner we can defend you.

Please call us now on 0208 088 5161 or complete a Free Online Enquiry and we will soon be in touch.