If you use a solicitor, you will incur costs for work carried out on your behalf. Whilst it would be extremely unusual to get a huge bill at the end of a family case, unless this has been previously agreed, you will probably receive periodical bills detailing the work up to a particular date or stage of proceedings. But can these fees be negotiated? Do solicitors move away from their hourly fee or apply discounts in other ways? We take a look at all this and more.
If you use a solicitor, you will incur costs for work carried out on your behalf. Whilst it would be extremely unusual to get a huge bill at the end of a family case, unless this has been previously agreed, you will probably receive periodical bills detailing the work up to a particular date or stage of proceedings. But can these fees be negotiated? Do solicitors move away from their hourly fee or apply discounts in other ways? We take a look at all this and more.
If you have concerns about a family law matter and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
There are many factors that can affect solicitors costs. The type of legal work can significantly impact the fees charged, as can the area you live and the level of seniority of the solicitor in question. All these things – expertise, specialisation, and experience all contribute to the overall cost. Add that to the plethora of fee structures offered, such as fixed fees, no-win no-fee Conditional Fee Arrangements (CFA), and hourly rates, all make for a costs minefield .
In what circumstances can solicitors fees be negotiated?
In some areas of law, such as conveyancing or will writing, it is common to receive a quote before the work has begun. When buying a house, for example, a firm may provide a quote, which can be reviewed, and additional quotes obtained from other law firms to compare. If you have agreed to a specific quote, it is unlikely you will be able to negotiate fees when you receive a bill at the end of the work. So if you are going to attempt costs negotiation, this should be done at the beginning and certainly before accepting the quote.
If you have instructed a family solicitor and been given an estimate of costs within the initial retainer letter and the fees subsequently exceed the costs listed by more than 20%, there may be scope for negotiation. This is because the solicitor is deemed to have provided a poor costs estimation at the outset. Of course if the services that the solicitor ultimately provided exceeded those originally estimated for (such as the case requiring much more protracted negotiations with the other side, or the case having to go to court), then the original estimation will not have factored-in these services.
Do solicitors move away from their hourly fee or apply discounts?
Solicitors have many different ways of charging and the method they use also varies according to the service being offered and the area of law. For example, they may offer a fixed fee for a 30-minute consultation, but an hourly rate for any work done thereafter. Ask the solicitor how they cost their service. If you have a complex case, you might think it is better to pay for someone with more experience. But if your case is relatively simple and that level of expertise is not required, it may be better to opt for a cheaper estimate.
If you have been provided with a costs estimate, ask if it includes everything that you might be charged. When you are charged an hourly rate, your solicitor must provide you with an estimate of how much the overall service is likely to cost. You are also entitled to ask the lawyer to set a limit on costs, which means they have to check that you are happy to continue if the spend approaches the agreed threshold.
Can my solicitor carry out free work to give a discount?
Solicitors charge for their time, but some can provide a certain amount of free, or “pro bono” work. Often, this depends on the solicitor in question and whether or not it is something they offer is up to individual practices, which they may not have any control over. It is certainly something that isn’t likely to be available in most cases, and would require the agreement of all principal partners in the firm on the extent and scope of the work to be delivered.
Are there any red flags if my solicitor offers discount?
It is up to the individual solicitor and the firm they work for to determine the type of fee structures on offer and the availability of any discount. Fees offered with a ‘discount’ are rare and the firm is more likely to try and reduce their fees (if needed) by having more junior members of staff conduct some work, or even ask you as the client to conduct some tasks. All solicitors must work within their regulatory framework as set out by The Law Society and the Solicitors Regulation Authority (SRA), so opting to pay for a solicitor (opposed to, for example, an unregulated legal advisor), will provide some assurance that there are rules by which the solicitor must adhere to.
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