1. Get documents and info ready
a. Ask for a questionnaire and bring it completed to the initial interview.
b. Bring copies of all relevant documents to your first interview including:
i. Agreements;
ii. Financial statements;
iii. Court documents;
iv. Videos, photos, valuation reports etc
c. If you need evidence from a third party it may be cheaper to arrange it yourself, e.g. valuation of a property or a company.
d. Lawyers work with chronologies - this is a list of events in chronological order. Have one ready before you see your lawyer.
e. Instead
of handing over a bundle of documents to your lawyer you can save on
costs by categorising and indexing the documents yourself.
f. Do
not spend time in the presence of your lawyer reading lengthy documents
and completing questionnaires and other forms if you can do this at
home.
2. Have clear objectives
Write
down the best outcome that you are hoping to achieve in your case. Then
write down the second and third best outcomes that you will be prepared
to accept. Expect a difference in legal costs for achieving each of the
three different outcomes.
3. Choose the most cost effective method to achieve your objectives
Research
the different options for resolving your problem – negotiation,
mediation, collaboration, arbitration, court action etc. Court action is
usually not the only option but it is likely to be the most expensive
one. Try resolving your problem through one of the more cost effective
methods before going to court. Your lawyer should be able to advise you
further.
4. Ask for an estimate of costs
Lawyers
in Western Australia are obliged to give clients an estimate of costs
in writing in the form of a retainer agreement if the expected costs are
likely to be more than $1,500. Ensure that you have been given not only
an estimate of costs but also a list of variables that may affect the
size of your legal bill.
5. Scope of work
Define the scope of work to be performed by your lawyer - any scope creep will increase your legal costs.
6. Have a budget
Tell your lawyer what your budget is, if you have one, and seek assurances that your matter can be completed within your budget.
7. Communicating with your lawyer
Request
from your lawyer a progress report. Discuss with your lawyer the time
interval between each report and avoid contacting him/her just to follow
up unless you have to. Your lawyer should be forwarding to you all
correspondence from the other party in relation to the matter as soon as
it arrives. Calls
to mobile phones are usually charged at a premium – give your lawyer a
landline number, if you have one, as your primary contact number.
8. Recovery of legal costs
Check
with your lawyer if it is likely for you to recover from the other
party any of the legal costs in your matter. Not all costs are
recoverable and even if you are awarded costs by the court you will
never be able to recover the total amount you have spent on your lawyer.
You might be
able to cover all points from 2 to 9 above easily if your lawyer has
project management skills and knowledge. Ask your lawyer for a written
outline for the management of your matter.
9. Quality systems
Look
for a law firm which has been accredited by the Law Society in your
State as a quality service provider. Such firms usually have a quality
management system in place which helps increase efficiency,
predictability and quality. Efficiency is inversely proportional to your
legal bill – higher efficiency means usually lower costs.
10. Be succinct
Stick
to the relevant facts rather than the emotional issues in the matter,
avoid irrelevant issues, you will be paying for those too.
11. Involving family and friends
If
you are bringing family members and friends for support to your
lawyer’s office instruct them to stay quiet. They may be more useful to
you if they take notes of what is being said than becoming involved in
the discussion with your lawyer.
12. Pay bills on time
Lawyers
are entitled to charge you interest on any outstanding bills. Make sure
that you can secure the funds before you engage your lawyer and
subsequently pay your bills on time.
13. Choose your lawyer carefully
Changing
lawyers after you have signed the retainer is most likely going to
increase your legal costs. The new lawyer will not be able to take off
from where your former lawyer stopped work on your matter. The new
lawyer will charge you a premium for familiarising him/herself with your
matter.
14. Settle early
Consider
all possible options to settle the matter early. Ask your lawyer to
help you reach a sound commercial decision. Early settlement is likely
to reduce your legal bill significantly.
15. Engage a lawyer to review your documents before your sign
Review by a lawyer of contractual documents (
such as a contract for building a house, sale of a real estate,
retirement village agreements etc) that you are considering signing is
most likely to be cheaper than your lawyer’s fees for trying to resolve
issues arising from the ill-advised execution of these documents.
16. Documents that you should prepare now
There
are certain documents that you should prepare now while you can such as
your personal estate plan and your business succession plan (if you
have a business). Failure to do so in time is likely to cost your loved
ones a lot more when they will need to deal with your estate. Visit www.affordablelaw.com.au for more information.
17. Do not delay seeking legal advice
Delay may not only be costly but may also block you from starting legal action. There are certain time limits that apply.
18. Unbundle your legal services
If
you are willing and able to do some of the work in your matter then you
may ask your lawyer to carry out not all but only some specific tasks
on your behalf. This approach may reduce your bill in the short term but
may be costly later if you make a mistake.
19. Always have a written agenda
Write
down the issues that you want to discuss with your lawyer. Always
identify the issues is dispute and the agreed issues with the other
party. Email or post the agenda to your lawyer so that he/she can get
prepared before the meeting so you can get the maximum benefit of your
meeting.
20. Contact support staff for non-legal questions
Most
questions that do not involve legal advice may be answered by your
lawyer's personal assistant. Talking to support personnel is always
cheaper than talking to your lawyer.
21. No two cases are the same
Do
not rely on the advice of your friends or family members which is based
on their personal experiences. It may be more expensive to fix problems
created by such an advice than to pay for your lawyer’s advice instead.
22. Fixed fees legal service
If you are looking for predictability of legal costs than you should consider a lawyer who offers fixed fee legal services.
