From Lawpack's Affordable Law.
A prospective client should never be embarrassed about talking about costs with a solicitor or legal adviser. And they, in turn, should never be anything less than forthcoming about the likely expense.
Urban myths of solicitors and their fondness for excessive billing abound. For example, what about the solicitor who charged for attending the wedding of his client's daughter? Actually, that one is true. The reality is that solicitors can be expensive and, if you surrender control, you may be unpleasantly surprised by a large bill.
Having said that, there's no earthly reason why a lawyer should present you with a shocking bill provided both sides communicate clearly. Certainly, the Law Society's own regulations cannot be any clearer - solicitors should explain what the likely cost is going to be at the outset, revise those costs if they can see that they are likely to be exceeded and be clear as to what expenditure is likely to be reasonable in your case (called 'proportionality').
Here are ways of keeping costs down:
- Do your homework before taking legal advice from a lawyer and you should be able to establish whether you have a legal claim at all. You will also be able to understand your solicitor better. Reading a simple kit on that area of the law can be very helpful.
- Make sure that you have a first free meeting to determine whether you have a claim, either over the phone or in the office.
- Put your papers in order before handing them over. If you make sure that all your correspondence and other documentation is in chronological order, then you won't end up paying your lawyer for doing it.
- Ask for an estimate in writing. You cannot hold your lawyer to an estimate but his or her bill should be reasonable and an estimate can be a guide.
- Set a legal budget with your lawyer. If you cannot agree one figure, then come up with a range of budgets for the elements of the case. If the work isn't appropriate for a fixed fee and the solicitor is going to charge by the hour, you can always agree a ceiling beyond which he or she cannot go without your express permission.
- Consider periodical statements of expense, if appropriate, on a monthly basis. This will spread the cost out for you and ensure that you're not presented with a large bill at the end of the case.
- Confirm instructions in writing. Lawyers are supposed to tell you in advance about the possible level of charges and how the costs are to be calculated. To avoid any problems later on in a case, ask for the information to be provided in writing. Under Law Society rules, solicitors are required to give the best possible information about the likely level of charges and to keep you up to date with the way in which the charges are progressing.
- Read your client care letter. All lawyers are obliged to send a client care letter, giving information about their proposed charges, the name and status of the fee earner and details of the person with whom you can raise concerns. Make sure it tallies with what you have previously discussed. For example, if your solicitor has agreed not to exceed £500 without letting you know, then insist that it's mentioned in the letter. If not, write back and say that your instructions are conditional upon it.
- Pay attention to your solicitor's advice. If he or she considers the case to be not worth pursuing, think carefully before continuing.
- Always be courteous and polite to your solicitor and his or her staff. Don't bother your solicitor with unnecessary phone calls. If he or she is charging by the hour, you pay for those calls, so always consider whether your call may be made to the secretary whose time is usually free!
1 March, 2006