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Court of Appeal Judge backs Pay As You Go Legal Services

Marc Chaudhuri

In October 2017, Court of Appeal Judge, Lord Justice Jackson urged his colleagues on the bench to back fixed cost legal services. Lord Justice Jackson described fixed cost legal services as “the best way to ensure the best use of professional services in the context of more litigation in person”.

It is almost two years since Solicitors could offer unbundled legal services, however it would appear that the legal profession has been apprehensive of taking the plunge.

Recently Lord Briggs, a Supreme Court Judge, said the time had come to face up to these challenges and seek to provide affordable early advice.

At The Divorce and Family Law Specialists we are proud and committed to face the challenge. We believe that everyone should have access to the best legal advice regardless of their income. We aim to provide you with the full range of legal services to help you navigate your divorce or separation at affordable rates.

 


Divorce & Family Law Specialist can help you at all stages of the legal divorce process.
Find our full range of Pay-As-You-Go services here

 

 

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Terms and Conditions

Important Terms and Conditions of our Service to you

We will act for you on a Pay as you Go basis, this is called a ‘limited retainer’.

The features of this service are explained below.

You can come to us for advice and/or services as and when you think it is necessary. We will give you advice and/or assistance on your matter as and when you decide to return. You are in primary control over all aspects of your case and are responsible for all decisions made including how much you want to spend on legal fees.

We will act for you on a ‘fixed work/fixed fee’ basis. This means that we are going to do a clearly defined piece of work for you. You will be responsible for all other matters that fall outside of that fixed piece of work that we will do for you.

Key features of the Pay As You Go service to ensure the best case outcomes are as follows:

 

  1. If you fail to draw to our attention all relevant factual circumstances you may not receive all the necessary legal advice for your case. All advice we provide to you is based on our understanding of the law as it applies at the time it is given and our understanding of the facts you have told us about and any documents you have shown us. We cannot be liable for any incorrect advice provided on the basis of inadequate information and/or documents you have given to us;

 

  1. Please keep us informed and updated with respect to specific tasks you have asked us to perform. For example, if we are drafting an agreement for you and the agreement falls through, please inform us as soon as possible;

 

  1. Please do not make assumptions about what we know. When in doubt tell us, or ask a question so we may assist you;

 

  1. If we think that any information and/or documents you have provided us with is inadequate we will not be able to advise you until the further information and/or documents we ask you to obtain or verify is provided;

 

  1. Please ensure that the other party/their solicitor/the Court have your correct address;

 

  1. Please do not give third parties the Company’s address, as we will not receive correspondence on your behalf under the terms of this agreement;

 

  1. You are responsible for sending and receiving the correspondence. Please let us know when you would like some assistance drafting any correspondence;

 

  1. Please ensure you keep good records. We suggest that a lever arch file/file dividers is a good way to organise the papers;

 

  1. If you want to change to our ‘full representation’ service or want us to provide an additional service, just let us know. We will be pleased to give you a new costs estimate and we must enter into a separate written and signed agreement which describes the new scope of the PAYG service. You should be able to keep the same Solicitor;

 

  1. Consultations are always face to face by either Skype or Facetime, so please do not send correspondence unless it is to arrange an appointment or by prior agreement with us;

 

  1. We reserve the right not to act for you on a PAYG basis if we think the matter is too complex to be dealt with in this way or it is not in your best interests. Should that occur we can discuss the best way for you to be represented;

 

  1. At our discretion, we may accept a waiver from you excluding the Company from all liability in continuing to advise you on a PAYG basis;

 

  1. If at any point we think that the matter is too difficult for you to deal with yourself, even with the benefit of our advice, we will not be able to assist you on a PAYG basis under this agreement. You may then wish to instruct us as your legal representatives under a new agreement, but you are also free to seek advice elsewhere;

 

  1. We reserve the right to review and increase the fee schemes that we provide.

Pay As You Go advice does not cover:

 

  • Any communication with a third party;

 

  • Anything outside of the boundaries of what you ask us to do;

 

  • Acting as your representative by filing documents on your behalf. You are responsible for this;

 

  • Conducting litigation for you. This means that as far as any Court or tribunal proceedings are concerned, we will not act as your representatives. We can advise you about how to represent yourself, but you will remain responsible for issuing proceedings, dealing with all correspondence and other communication with the Court and other parties. If you require us to represent you in litigation, we will be pleased to discuss with you how we can assist under a different agreement.

This can be arranged at a fixed cost but we will need to enter into a separate agreement with you about this;

 

  • Keeping your papers;

 

  • Advising you on the telephone unless specifically agreed in advance;

 

  • A full retainer which guarantees that we will act for you from the beginning to the end of your case.

 

  • Whilst we may offer an opinion about your case or about the possible outcomes, we cannot guarantee any particular result, as any result is at the discretion of the Court.

Our duties to you

 

We have professional indemnity insurance to cover any claim brought by you in the unlikely event that we breach our duty of care to you.

 

Please note that as Solicitors we have a professional duty to the Court as well as to you our client. If we become aware that you have misled or intend to mislead the Court in any way, we will advise you to bring this to the attention of the Court. If you do not do so, we will not be able to continue to advise you.

 

However, your dealings with us are confidential and protected by legal professional privilege, so we will not provide any information about you to the Court or any other party without your permission.

 

You can expect useful advice that progresses your matter each time we act for you on a PAYG basis. Naturally, we will consider whether the costs of the matter justify the likely benefits.

Costs for your case

 

As our service is Pay As You Go, you are expected to present payment in advance for the service that you have selected, and that we provide. A receipted invoice will then be sent to you for your records.

 

You have a right to have the bill assessed under Part III of the Solicitors Act 1974.

Who is dealing with your work?

 

You will be notified who is dealing with your matter. The person dealing with your case will be a specialist family law Solicitor who will be a member of Resolution, an organisation of specialist family law practitioners.

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