"I paid the solicitor the overpriced fee, then a few months later I
got a phone call saying "the prices have gone up since may so I have to
charge you another £400."
Does this sound familiar? Poor communication is the number one criticism
against lawyers. Quite rightly, clients get irked by silence and then
suddenly a communication (probably an email or letter) asking for more
money without any satisfactory explanation or justification.
But it does not and should not be this way. Although lawyers, like many
other professionals, measure their charges in units of time – time spent
x hourly rate = level of charges, a more realistic approach is
advisable in my experience.
What is the value of the service provided by the lawyer from a commercial perspective? Can it be measured?
Too often, lawyers will charge for every minute spent on a matter,
without even checking to see that the work undertaken was done in
accordance with the scope of work and estimate as agreed. Matters may
become more complicated but somehow clients are expected to know this
automatically and without being told!
Clients are not lawyers and often will not be able to determine the amount of work be done - ‘
behind then scenes’
and this needs to be explained to them between invoices so they are
fully apprised. Even if clients do not fully take the time to read these
updates - there is a critical paper trail to prevent future
misunderstandings and possible grounds for complaint.
My own view is that the client should know the amount of the invoice
without looking at it because it will be in accordance with the agreed
estimate. There will be no nasty surprises and if further work is
required – this will have been explained and agreed. Litigation costs
are notoriously difficult to predict with certainty and there are often
many twists and turns that need to be negotiated and budgeted for and
that is where cool heads and experience really count.
So, if your lawyer is not giving you the information and displaying the
communication skills that you expect of your professional adviser –
perhaps you should come and speak to me? I would be happy to buy you a
coffee.
Lyudmyla
has a wealth of legal experience advising Russian and CIS companies and
will assist John Walmsley on client matters in the UK.
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