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Monday, 10 July 2017

How to get value from your lawyer

"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.                                  

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