In today’s litigious environment it is easy for your legal fees to spiral out of control. Often, your legal fees are increased through matters which are largely out of your hands (for example delays from the otherside, allegations made by the otherside which need to be addressed or voluminous correspondence being sent). There are a number of steps which you are able to take to ensure that your legal fees remain in control. Those steps are set out below.
1. Keep on good terms with you Ex-partner
If you and your ex-partner are able to come to a resolution without the intervention of the Courts you will both likely be in a significantly better financial position (in terms of legal expenses). The further your matter progresses towards trial, the greater your legal expenses.
We recommend that negotiation followed by mediation where possible is the first step in any Family Law matter. If an agreement can be reached you will have saved a large quantity of legal fees and avoided the emotional stresses associated with protracted Court proceedings.
2. Listen to your Legal Adviser
You have retained a solicitor assumedly for their knowledge of the law and expertise in handling your matter. It is important that you are up front with your instructions and take the advice of your solicitor on board in relation to those instructions. If you do not understand the advice that your solicitor has provided you ensure that you clarify that advice as soon as possible. This will avoid the need to discuss matters repeatedly (and assist in reducing your legal fees).
3. Rely on others for emotional support
Family Law matters are extremely emotional. It is important that throughout the duration of your matter you have a support network of family, friends and therapists available to assist you in managing the emotional strain and stress.
You lawyer will no doubt empathise with your circumstances as they understand the difficult time that you are going through. However, you should avoid ‘venting’ to your lawyer as they are the most expensive friend you have. If you are contacting your lawyer repeatedly to vent, your fees are likely to suffer significantly.
4. Comply with requests promptly
Delays in complying with requests from your lawyer and/or the Court can lead to increased legal fees. It is important that you provide your solicitor with anything they have requested in a timely manner as this will avoid the expense of further/repeated requests.
This situation frequently arises in Family Law matters during the process of disclosure. It is important that you provide your solicitor with all documents that they have requested from you in a neat and legible order. If you only provide some of the documents or the documents are not organised, it will take further time for your solicitor to request missing documents and also sort the documents you have provided.
5. Prepare for telephone discussions/meetings
Preparing for telephone discussions/meeting with lawyers will give you clarity as to the matters to be discussed. It is important that you prepare a checklist of questions/matters which you want to discuss with your solicitor. This will ensure that all of your questions are addressed in a timely manner.
6. Discuss correspondence from the otherside
Sometimes in family law matters (particularly if one party is self-represented) parties can send regular or repeated correspondence about tedious matters in order to drive up their legal expenses.
If this situation arises in your matter you should discuss addressing the issue with your lawyer. They will then write to the otherside informing them that (once the issue has been addressed) you will not be responding to any further correspondence regarding that particular matter.
7. Do as much of the work as you can yourself
Ask your lawyer what work, if any you can do yourself. You don’t have to pay your lawyer to do all the work for your if you can’t afford it. Some lawyers will have an ‘unbundling exercise” available which allows you to pick and choose what work the lawyers will do. This might include a service like www.nolawyers.com.au where you can work with your lawyer doing some of the forms and research yourself and bring your lawyer in for the review process. Ask our client care team how this works and if this might be a solution for you.
FAQ:
Q: How can I reduce the cost of my legal representation?
A: To reduce the cost of your legal representation, it’s a good idea to discuss fee arrangements with your lawyer before making any commitments. Ask if they offer fixed-fee services instead of hourly rates.
Q: What is the best way to manage legal costs?
A: The best way to manage legal costs is by asking for weekly itemised billing, keeping clear communication with your lawyer, and being transparent about your budget. This will help you understand what charges are likely to be payable upfront and throughout your case.
Q: How can I obtain legal aid in Queensland?
A: You may be eligible for a grant of legal aid if you cannot pay your legal costs. Contact the Legal Aid Queensland office to see if you qualify for assistance with your legal matter.
Q: Are court filing fees included in my legal bill?
A: Court filing fees are generally not included in the lawyer’s hourly rate or fixed fee. These are considered disbursements and will appear as separate charges on your itemised bill.
Q: What should I do if I have a dispute with my lawyer over legal costs?
A: If you have a dispute with your lawyer over legal costs, contact the Legal Services Commissioner for advice on how to resolve the issue. It’s important to address any concerns promptly.
Q: Can I negotiate fee arrangements with my lawyer?
A: Yes, you can negotiate fee arrangements with your lawyer. It’s always beneficial to discuss your budget and ask about different payment options before your legal representation begins.
Q: What are disbursements in the context of legal billing?
A: Disbursements are out-of-pocket expenses that a lawyer may pay on your behalf, such as court filing fees or charges for expert witnesses. These costs are typically passed on to the client. At QFLP, disbursements are all included in our fees. There will be no additional charges for phone calls, paper, photocopying etc.
Q: How can I avoid unexpected legal costs?
A: To avoid unexpected legal costs, request a detailed fee agreement from your lawyer at the outset of your case. This should include a breakdown of anticipated charges and any potential additional fees.
Q: Are junior lawyers more affordable for handling my case?
A: Engaging a junior lawyer can often reduce your legal costs as their hourly rate is generally lower compared to senior lawyers. However, always ensure they have the necessary skills to handle your specific legal matter.
