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How to get the best out of your lawyer
This article was written by Dr Elena Moran from our litigation department. It first appeared in the Jersey Evening Post
Before coming to Jersey I worked for the BBC’s Legal Department. In a publicly funded organisation there was much emphasis on getting value for money and part of my job involved negotiating fees with external lawyers. Litigation is expensive in any jurisdiction and Jersey is no exception. However, as I discovered there are ways to get a good service out of your lawyer while keeping the costs down.
Negotiate
Most lawyers charge an hourly fee. That fee is never set in stone. Negotiate: even a small discount is worth it.
Value Experience
Find a lawyer who has the right experience. A lawyer with the right know-how will be much more efficient than a lawyer who has to look things up. Ring round and find someone who has dealt with a similar problem in the past. If they don’t have the relevant expertise move on to someone who does. Also, do not fall into the trap of thinking that because a firm is good in one area it is good in all areas. All firms have their strengths and weaknesses so do not be afraid to shop around.
Request a quote
Ask for a quote. Even if it is not a binding quote most lawyers would be embarrassed to send out a bill that widely exceeds an estimate.
Be Clear
Give clear instructions about what you want to achieve. If your lawyer goes beyond the boundaries of what you have asked them to do you are not obliged to pay for it.
Monthly bills
Ask to be billed on a monthly basis. If you think the bill is excessive ask for a breakdown. Lawyers record their time in units of six minutes so you should be able to tell exactly where the money has gone. Check to see how many lawyers are being charged for. If there is a multitude of lawyers working on your case ask whether this is really necessary. If, for whatever reason, you think the bill is too high say so. Even if you don’t get a reduction you can be sure that your lawyer will be more time conscious in the future.
Delegation
Ask your lawyer whether it would be appropriate to delegate some of the work to a Barrister in England. Barristers specialise in drafting pleadings and giving advice on complicated points of law. They are highly specialised in their field and due to their lower overheads they often charge less than Jersey lawyers.
Time is money
Every time you contact your lawyer it will cost you something. If you are confident your lawyer is doing a good job leave him or her to get on with it.They should contact you when they need your input.
Prompt action
Go and see a lawyer early. When problems arise don’t bury your head in the sand. Get advice and don’t entrench your position. It may come as a surprise to some people, but shouting louder doesn’t make you right.
Why not mediate?
Litigation is not always the best way to resolve a dispute. No matter how good your lawyer is, litigation is expensive, protracted and uncertain. Consider whether your case could be dealt with by mediation. This allows the parties to get together on a without prejudice basis and explore ways of resolving things. It is amazing how many entrenched litigants will manage to sort things out with the aid of a mediator.
Please listen
Listen to your lawyer. You are paying their specialist advice. Whether or not you like the advice, take it on board before you make a decision.Bear in mind they are acting in your best interests.
Last resort
Finally, if you are really unhappy with the service that you are getting move to another lawyer. While this may entail some duplication of work you may be able to negotiate that the new lawyer will not charge you for reading into the file.
THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY AND NOT BY WAY OF LEGAL ADVICE. PROFESSIONAL LEGAL ADVICE SHOULD BE SOUGHT BEFORE ANY ACTION IS TAKEN.