Kerry Underwood

GETTING THE RETAINER RIGHT: A CHECKLIST

with 2 comments


This is a detailed list of what I cover on my new course – Getting The Retainer Right – but readers may find it a useful checklist in any event.

The courses start this Friday 21 September in London, moving on to Cardiff and Swansea next week.

Full details and booking form here.

I am grateful to Invicta Capital for sponsoring all 10 events.

 

THE RETAINER

Getting the Retainer Right

Client Care Silver Service

Payment by Card

Interest

List of Funding Agreements

What can you agree with your client?

  • Hourly rate – uncapped
  • Hourly rate – total capped
  • Hourly rate but total capped by reference to percentage of damages
  • No-win, No-fee with success fee not capped by reference to damages
  • No-win, No-fee – success fee capped by reference to damages
  • No-win, No-fee – no success fee
  • CFA-Lite – costs limited to those recovered
  • Fixed Fee
  • Fixed initial fee – then hourly rate with all above combinations
  • Fixed initial fee – then conditional fee with all above combinations
  • Credit for fixed initial fee in the event of a win?
  • Who is paying disbursements?
  • Interest
  • Higher hourly rate to reflect solicitor funding case
  • Part 36 – Who is taking the risk?
  • Retainer
  • Right to interim bill
  • Recovered costs plus a percentage of damages

 

CONTINGENCY ARRANGEMENTS

Section 57 – Contingency Fee Agreements

Contingency Fee Agreements combined with Conditional Fee Agreements

Damages-Based Agreements

Discounted Conditional Fee Agreements

No-Win Lower-Fee: Hourly Rates and Fixed Fees

Topping up Before The Event Insurance

The Success Fee

The Hourly Rate

ATE Insurance

Counsel

Disbursements

Third Party Funding Retainers

 

GETTING THE DOCUMENTS RIGHT

Contingency Fee Agreement

Bridging Agreement

Conditional Fee Agreement – Civil Litigation – No Win No Fee – with success fee

Conditional Fee Agreement – Civil Litigation – No Win Lower Fee – with success fee

Model Client Care Letter

Cancellation of Contracts Regulations

Explanation of Funding Agreement – Vilvarajah and all that

The Indemnity Principle

Part 36

 

DURING THE CASE AND AFTER

Costs Information Updates

Disbursements

Estimates and Quotations

Interim and Final Statute Bills and Chamberlain Bills

Getting the Bill Right

Justifying the Charge to the client

 

DEALING WITH A SOLICITORS ACT 1974 CHALLENGE

Part III – Section 56 – Section 75 of Solicitors Act 1974

Regime for challenging legal bills may need reform – Judge

Contentious and non-Contentious Business

Basis of Solicitors Act Assessments

Complaints Procedure

Solicitors Act: Delivery of Papers

Time Limits

Contacting the Client Direct If Other Solicitors Instructed: The Ryanair and Haven Insurance Cases

Costs

Case Law Update

 

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Written by kerryunderwood

September 18, 2018 at 8:33 am

Posted in Uncategorized

2 Responses

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  1. I couldn’t make the London one will there be detailed paperwork for sale?

    Brian Varney

    September 18, 2018 at 8:42 am

    • Brian

      No – afraid not as in my experience the notes without the explanation and discussion causes problems. There are nine other dates and locations apart from London.

      Kerry

      kerryunderwood

      September 19, 2018 at 8:40 am


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