We offer you flexibility on solicitor fees
Depending on your case, we are able to offer you a No Win No Fee conditional arrangement, a capped solicitors fee arrangement or a more traditional time-cost fee arrangement.
No Win No Fee*
We offer ‘no win, no fee’ solicitor services when appropriate and when we believe that your case has high prospects of success.
Our ‘No win, no fee’ arrangement applies only to the fees we charge for work performed by us but not third parties, such as barristers or experts. Any out of pocket expenses or disbursements that we may pay on your behalf must be paid by you whether you win or lose.
If you have to pay your opponents costs, this this would also have to be paid by you. Under this arrangement, we may ask you to deposit funds in our trust account to cover out of pocket expenses or disbursements, such as barrister fees or expert fees.
* Conditions apply to this No Win No Fee arrangement. The conditions that apply will be explained and set out in a costs agreement for you to consider before any formal agreement is entered into with us.
Capped Solicitors Fees
Where appropriate we offer a capped solicitors fee arrangement. This is where the maximum amount of our fees you will pay for your matter up to and including the dispute resolution service determination or a court trial hearing (excluding any appeals, claims for costs, costs applications, GST, barrister fees or any third party invoiced disbursements). We do this before we start any work.
This provides you with the certainty and security that you will not pay any more for our fees above the initially agreed cap. You know this upfront. If our fees exceed the agreed cap, we wear it. That would be our loss, not yours.
This enables us to get on with driving your matter forward towards a resolution without the worry of a blow out of solicitor fees or your solicitor fees getting out of control.
We take away the surprise and provide you with an opportunity to budget and provision for your solicitor fees, just like you do for everything else in your life. We listened to clients and are more than happy to give them what they want and that is some certainty with solicitor fees.
To explain how this works, if an agreement is reached with us that our solicitor fees will be capped at say $10,000. If your claim is resolved quickly and you only incur $2,000 in solicitor fees, all you will pay is $2,000 plus GST, third party invoiced disbursements and any barrister fees. However, if the other side plays hard ball and are not cooperative and your solicitor fees reach say $15,000, you will not pay more than the agreed cap for solicitor fees of $10,000 plus GST, third party invoiced disbursements and any barrister fees. That is, we will wear the $5,000 of work we did above the cap. In this sense our skin is in the game as well. Under this arrangement we may ask you deposit monies in our trust account to cover solicitor fees in part or full and out of pocket expenses and disbursements, such as barrister fees and expert fees.
Remember, whilst we are willing to put our head on the block in respect to our time and fees, we cannot do this on behalf of others such as third party suppliers or barristers. This doesn’t mean you will be left in the dark in relation to these third party costs. We will keep you updated of how your third party costs are tracking.
We also cannot keep wearing our time and fees forever. We have bills to pay, just like everyone else. The upfront agreed solicitor fees cap must therefore exclude any end of matter costs negotiations, costs applications, costs assessments and any appeals of the initial decision handed down by the dispute resolution service or after the initial trial hearing and all subsequent appeals.
This is an arrangement where our solicitor fees are time-costed, billed and due on either a fortnightly, monthly or quarterly basis or at the conclusion of an event, regardless of the outcome of your case.
The charge will be based on the time it has taken to perform a task multiplied by the time equivalent of the agreed rate per hour depending on the seniority of the solicitor. Third party invoices and disbursements, such as barrister fees and expert fees, must be paid by you when invoiced.
Under this arrangement we may ask you to deposit funds in our trust account to cover our solicitor fees in part or full and out of pocket expenses and disbursements, such as barrister fees and expert fees.