Kerry Underwood

GETTING THE RETAINER RIGHT – INTRODUCTION, CHECKLISTS OF WHAT YOU CAN AGREE WITH YOUR CLIENTS AND MATTERS TO CONSIDER

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YOU CAN BOOK ONTO THE COURSE HERE

Here is the Introduction, the checklist for what you can agree with your client and the checklist of matters to consider with a client.

Introduction

The aim of this course is to consider the various solicitor and own client funding options, while maximising the prospects of maximum recovery from the other side on behalf of the client, which in spite of what you may read in the legal press, is actually the professional duty of any solicitor.

The relations between solicitors and their clients are of course very heavily regulated indeed, both by the Solicitors Code of Conduct and the Solicitors Act 1974, which in turn is a successor to various statutes going back to the Attorneys in County Courts Act 1235, the Recovery of Damages and Costs Act 1278 and the Statute of Westminster 1275, part of which is still in force governing the fees of solicitors.

However, until relatively recently, most individuals and businesses were honourable people who regarded a deal as a deal.

While most people and businesses remain the same, there is now a much larger group than previously who regard any attempt to get compensation for anything as fair game and who have adopted the odious cult of consumerism – that is that nothing and no-one but themselves matters.

Thus there has grown up organisations whose sole aim is to challenge solicitors’ bills, not normally on the merits, but on highly technical and abstruse grounds.

One of the main proposes of this course is to assist solicitors to get the retainer right and avoid technical challenges.

Unfortunately we are not always helped by the sheer greed of some of our fellow professionals.

For example see the Law Society Gazette piece of 19 September 2018 – Solicitor oversaw ‘obscene’ £5m costs overcharging against NHS.

Many disputes between solicitors and clients, like most other disputes, arise because the parties do not agree about what they agreed.

Clarity and certainty, so that there can be no doubt at all as to what was agreed, and keeping the client fully updated at all stages, are the best ways of avoiding disputes.

This course will help you achieve those aims, as well as providing model funding agreements and bills etc., together with relevant case law.

 

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

 

CHECKLIST OF MATTERS TO CONSIDER WITH A CLIENT

 

  • Does the client have Before-the-Event insurance?
  • Topping up Before-the-Event insurance by way of a No-Win, Lower Fee Agreement
  • Lower fee to be the amount paid by the Before-the-Event insurer
  • After-the-Event insurance
  • Who is paying for the ATE insurance?
  • ATE insurance included in capped percentage of damages?
  • Use of counsel
  • Counsel’s fees
  • Will counsel be on a Conditional Fee Agreement?
  • Disbursements – who is paying and when?
  • Interest charged to client on disbursement/costs funding
  • Recovering interest from the other side
  • Third party funding
  • Types of third party funding
  • Who is the agreement between?
  • Who gets what and in what order?
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Written by kerryunderwood

September 20, 2018 at 4:13 pm

Posted in Uncategorized

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