Help your lawyer to help you

Dear readers

 

I would like to thank Val Antoff for preparing this article which I am sure will make interesting reading.

 

How to reduce your legal bill?

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.

 

 

Collaborate with your lawyer! 

Taking part in the CEO Sleepout again

Dear friends and readers,

Yes, the time has come again for me to take part in the St Vincent De Paul Society CEO Sleepout. This is where CEOs of companies sleep out at the WACA to experience homelessness.

This is my 3rd year of sleeping rough and raising funds for the homeless in Perth. The event is on 21 June and promises to be a cold night.

Last year, I raised over $18,000 and was ranked 4th out of over 90 CEOs. This year has been a slow start and infact WA seems to be lagging behind in donations received compared to the other states.


For those who wish to donate, please see http://www.ceosleepout.org.au/ceos/wa-ceos/profile/?ceo=283

Just take out your credit card and make the donation. You will feel warm and fuzzy after.

At the last Census, 104,700 Australians were counted as homeless (Australian Bureau of Statistics 2006) with 50,256 Australian’s on the street, every night. The growing incidence of homelessness has not been accompanied by an increase in services to meet demand. While Vinnies operates a wide range of homeless services across the country, many areas remain without specialist homeless and housing services to support the needs of people experiencing disadvantage.

WA is a booming state, but the gulf between the have and the have not is growing bigger. Dig into your pockets if you can help. It is tax deductible.

Good night.

Common mistakes made by newly weds and their wills

Dear friends and readers

Val Antoff  who works with me on the www.affordablelaw.com.au website has written a new article about wills and their relevance to newlyweds. I am sure if you are newlywed, or planning to wed, the article will be of interest.

Do call me for a consult if you feel the article has raised an issue or two regarding your estate planning.

Common mistakes made by newlyweds in relation to their estate plans

1. Not having a valid Will

If you are one of those highly organised people then you are likely to have had a duly executed Will at the time of your wedding. However, unless you made your Will in contemplation of your marriage your Will has been revoked by operation of the law. Do not assume that if you die without a Will your spouse collects everything. This is not always the case. Your estate will be distributed under your legislated Will and the outcome might be significantly different from what you would have liked to happen with your assets.

2. Forgetting to execute or review your Living Will.

A Living Will ensures that all financial, healthcare and lifestyle decisions will be made by the person or people you trust most if you became mentally incapacitated. A Living Will is made up of an Enduring Power of Attorney, Enduring Power of Guardianship and an Advance Health Directive. 

3. Forgetting to update the beneficiaries of your superannuation funds.

Superannuation investments do not form part of your estate. Unless you have made a binding death nomination one of your beneficiaries may benefit from your superannuation proceeds to the detriment of another beneficiary as was the case in Katz v Grossman in NSW. 

4. Forgetting to update the nominated beneficiary of your life insurance policy.

If you intend the proceeds of your life insurance policy to go to someone else than the nominee, then you must not forget to change the nominee. If you are uncertain whether you have nominated a beneficiary then you should consult your insurance company.

5. Forgetting to make certain that your children from your prior relationship receive a fair share of your estate.

If you have made a Will and left the bulk of your estate to your present partner and you rely on the moral obligation of your partner to provide for your children from a prior relationship than those children are at risk of not getting what you would have wished for them. Your current spouse may remarry after your death and have further children and leave the assets inherited from you to her children forgetting about any moral obligations to your children. By now you should have seen the pitfalls of leaving the whole of your estate to your present spouse if you have children from a prior relationship.

So if you are planning a wedding, give this article some serious thought before walking down the aisle.

 Good night.

My son Tyzton and his bald head in honour of his grandmother who passed away on 14 Jan 2012 from cancer

Dear friends and readers,

My son Tyzton was very close to his maternal granny. He was her favourite and she was missed very much by Tyzton. In honour of her passing, Tyzton decided to participate in this year's World's Greatest Shave which raises funds for blood cancer.

I was pleased that he wanted to take part and gave him full encouragement.

Here is an email I sent to friends and clients who generously supported him.

Dear friends and clients,

As some of you are aware, my son Tyzton is taking part in the  World’s Greatest Shave. This is in honour of his grandmother who passed away on 14 Jan this year after a long fight with cancer.

Please see  his before and after pictures which are attached.

Tyzton with mum and dad with a full head of hair

His head was shaved at   920 am       today.

Does he not look bald and sad?

Thank you to all my friends and clients who have already donated for this good cause.

He had raised $1866 up till the midnight of 14 Jan 2012. I have matched the donation as I promised him when I first found out he was participating in the event. His total is now $3552 on the day before the shave.

For those who have yet to donate, please go to

http://my.leukaemiafoundation.org.au/personalPage.aspx?registrationID=430563&langPref=en-CA&Referrer=http%3a%2f%2fwww.worldsgreatestshave.com%2f

Just donate under the name Tyzton Tan.

This was my message to him last night before his shave.

My Dearest Younger son,

Tomorrow, your head will be just like the 1st month of your birth when according to Chinese tradition it was shaved bald. Daddy is proud that you are willing to sacrifice all your locks for a good cause and in memory of your grandma who passed away on 14 Jan 2012 after a long battle with cancer. She would have been so proud of you.

Daddy said I would match what you raise when your target was $500. It has jumped to nearly $2000 much to the pained expression in my face every time the figure went up. However it is a good cause and you should be proud of what you have done and what you will do tomorrow. Mummy and Daddy will be there tomorrow when you lose your hair as we always support and love you. Good luck and well done.

The girl badminton players at the National championship will have to watch out for Speedy Baldy next month.

Yes, the family will be going to Tasmania next month for my 2 boys to compete in the National Under 17s Badminton championship.

Have a look at http://badmintonwaunder17s.blogspot.com.au

Tyzton will feel the chill in Tassie without his trademark locks.

I am sure many of the girl players will like to feel his bald head, so that is a consolation.

So what has all these got to do with the law. 

I think that lawyers should contribute to society more often than less often. Fundraising for a good cause is always a good start.

If we instill such character in our children and our colleagues, the world will I hope be a better place.

My favourite charity is still the St Vincent De Paul Society CEO Sleepout where we raise funds for the homeless by sleeping as a homeless person for a night.

I am in the process of setting up a foundation for the Edie and Royce Hoy Poy Family. Edie who was a very influential person within the Asian community in Perth passed away last year. She bequested half of her estate for the purpose of setting up a foundation to provide services for Aged care in WA.  I will keep all updated on the work the trustees are doing to make sure that her bequest is benefited  by the old folks of WA for whom Edie had a special place in her heart.

Good night.

Getting the MOJO back

Dear friends and clients,

I have been recalcitrant. I have not been blogging on this blog for a long long time.

The last blog was in June 2011 when I did the CEO Sleepout. My god, that was a long time ago and so much has happened.

Well, the sad news first. My mother in law finally succumbed to her fight with cancer. My time has been spent between ensuring she gets the best treatment and looking after my 2 boys.

Anyway, after a long fight, she passed away in Jan 2012. I supposed many readers may say, what the heck, she was just a mother in law. Well, to me she was very much a person of influence in my 2 boys' lifes. She was in charge of looking after them including driving them back from school while she could.

She lived with me for over 2 years from the date she discovered her fight with cancer. She moved in with her dog, which I had to bury. Her eldest daughter Jenny also moved in. So my mother in law was a huge part of my life. The house was never empty.

And then she passed in her sleep at the hospital and I am getting to have the house without the mother in law, the dog, the sister in law. The last few months before she passed was the hardest.

And then a week later, her grand daughter gave birth to a new boy. Such is the circle of life.

So I hope my readers will understand why I have not been blogging on this blog. I have however been blogging on the http://badmintonwaunder17s.blogspot.com.au/.

My eldest son was in the WA State team that won bronze at the  Australian Under 19s Nationals. He is only 15. My youngest son Tyzton was also in the Under 15s team that made history by winning bronze in the Under 15s nationals last year. He is 13 yrs of age.

That means I have spent lots of time at badminton courts for the last 8 mths. Is that a good excuse for not blogging.

My 2 boys got into the State Under 17s team which will travel to Tasmania in April. My wife being the Umpire will be travelling with them. I am tagging along as the team driver and cook. Sigh, the things we do for our kids. That is where I have been focussing my energies recently leading to a decline in my legal blogging.

Well today, being a Sunday is a usual training day for both of them. However both are injured so they skipped training.  Which meant I had a whole day to myself. But what can you do when it is  40 degrees outside. I finally managed to spend some time reading. I have been reading the E Myth Attorney by Michael Gerber. So many ideas, so many visions. I was inspired.

I know there are lots more to  be done to bring Tan and Tan Lawyers to the next level. I have been inspired to take the next step and I am sure you will hear of our progress.

I will be blogging about recent changes to Landgate's requirements due to identity theft. Keep posted and good night.

New rules when you sell your homes if you are not in Australia

Dear friends and readers,

Welcome to my first blog for 2012. 2011 was a busy year and I hope that I will have more time to blog in 2012. Today is the 2nd last day of the Chinese Lunar New Year 15 day celebrations. It is the year of the Dragon. The Chinese celebrate the Chinese New Year for 15 days and tomorrow is the last day of the celebrations.

Unfortunately, this year, I was unable to celebrate the new year as I lost my mother in law on 14 Jan 2012. She had had a long battle with cancer and eventually succumb peacefully to meet her Lord. Chinese tradition dictates that we are to mourn her passing for 50 days. Hence, no lion dance, no yee sang and no new year dinners for us.

Coming back to the law. What is new? Well, there were 2 cases of property scams last year. 2 owners of properties had their homes sold under their feet while overseas. How did they lose their homes?

Surviving the CEO Sleepout 2011

Dear Friends

Yes, I managed to survive the 2011 CEO Sleepout.

The toughest part was the hunger and cold. I did not have a chance to get a good meal before registering for the night.

Instead of lamb shanks like last year, I had a real soup and roll.

The company was great and I managed to meet  the WA Governor Designate Malcolm Mccusker and his wife Tonya.

At 11 pm. Steve Farano and I decided we had to find a place to bunk down. We decided to bunk at the same place I slept in last year. It was more fun with company this time.

The night was cold but at  least it did not rain. Steve and I got up at 630 am and went to have breakfast with the other CEOs  before walking home.

I managed to stay No. 4 in the list of fundraisers. The final amount raised by myself was $18,350 with a $2000 donation from a charity organised by Andrew Forrest. He actually donated $2000 to each of the 107 participants. That means I was ranked No. 5 but I take my hat off to Andrew Forrest for his generosity and his PR  move.

I was quite close to my $20,000 mark that I set myself.

There was some disappointment that not all the participants worked hard enough to raise funds. I was disappointed that Eric Ripper, the State Leader of the opposition only raised $150 plus $2000 from Forrest. A few other politicians were at the bottom rung of fund raisers.

Thanks to all of you for your generosity. Every dollar donated was appreciated.

The total raised in Australia was $3.9 million of which WA contributed $600,000.

You have all showed that WA cares.

For those who forgot to donate, you can still do so till the next week.

I certainly will take part again next year and try to beat my current record. Till next year, keep warm and sleep well.