Scope for Negotiation

How much scope to I have for negotiation of fees.

Costs seem to have run away - my solictor is asking me "do I have questions" - I ask them and then get writen, chargable letters. My questions are often as a result of her lack of clarity, or to correct errors made in documentation. A recent example was a question on changes in the % of my salary paid as spousal maintenance that resulted in a 4 page letter. There are also numerous calls to my wifes solicitor billed, but without evidence or file notes.

What scope do have and what is the best way to challenge costs in no confrontational way?

Welcome suggestions


I am also concerned that both solicitors are creating confrontation between myself and my wife in order to escalate costs. Comments from my wife also suggest that she is being lead by her solicitor.

There is no hard or written rule as bills are payable on face value. Do you negotiate at a supermarket when a sales assistant have rung up the contents of your trolley?

However, you should query the bill and/or request a more detailed breakdown of costs if you are unhappy with the amount charged. There should be transparency in the work claimed and the calculation of charges.

Telephone calls to other parties will be recorded on the file. Your solicitor 'could' enclose a copy of the note of the call to you but this would increase the solicitors overheads and therefore hourly rate, and you would be swamped with largely meaningless pieces of paper.

Part of the agreement you enter into with your solicitor is to act on your behalf which means they will take all reasonable steps to present your case and obtain the best outcome without spending disproportionate costs in doing so.

If your solicitor says "do you have any questions" do you ask questions for fun or do you seek the answers? If the latter, you are receiving legal advice and/or opinion which is charged at the hourly rate.

Written advice is preferable when addressing complex issues to allow the client to reflect on the ramifications of different courses of action.

If the costs are higher than you expect, you need to ask yourself why the amount you expected to be charged was as low as it was. Were you told a figure that has been exceeded? Did you make an assumption that was not superseded by later advice?

Have a look at the costs estimates that were give to you in writing at the outset of the case and any updates to those estimate, if any. Updating costs estimates is easy to overlook in the throes of proceedings.

Charles

Talk to your wife and consider change of solicitor or try collaboration solicitor you are both being milked by the solicitors.Ask friends if they can reccomend a solicitor but get out the the present situation. regards.