In many instances we offer to hold our fees until the end of your case. This arrangement is offered on a case by case basis upon our assessment of your case.
This applies where you are involved in litigation with another party and there will be funds available at the end of your case, but you do not have sufficient resources to cover your legal fees along the way.
We offer this in Family Law Matters, Employment Matters, Contested Wills Cases, some Commercial Disputes and other cases generally.
Such an offer is based on our assessment of your case. It is not offered in every situation.
When Will This Be Offered?
This is based upon our assessment of your case and our view that this is a situation where we are willing to offer you a ‘Fees Withheld’ arrangement.
We will first assess your case including:
- An interview with you;
- Reviewing your documents and information.
We will then form a view as to whether this is a matter where we would offer to act for you on a ‘Fees Withheld’ basis. Once we conclude this is such a matter you will be offered this in writing in our Costs Agreement.
How Long Does This Take?
In most matters we can assess this by phone or in your initial interview. This usually is the case with Family Law Matters, Contested Wills, Employment Matters and Commercial Disputes.
Is this Offered in All Cases?
We cannot offer this in every situation. To be eligible you must have strong prospects of receiving settlement funds at the conclusion of your case. Where you will not receive funds but will be the one paying those funds to the other side it will be less likely we would offer a ‘Fees Withheld’ arrangement.
Conditions for ‘Fees Withheld’ Arrangement
For us to proceed to act for you on a ‘Fees Withheld’ Arrangement the following conditions apply:
- We must remain in your matter until the settlement or court determination;
- Should you decide to discontinue your case, change lawyers or for other reasons not proceed our fees are immediately due and payable in full;
- The settlement proceeds are to be directed to our Trust Account;
- Our fees, including any outstanding fees to 3rd parties, are paid from the settlement proceeds first and the balance is then transferred to you;
- If there is a sale of a property, our office conducts the conveyance.
Does ‘Fees Withheld’ Cover All Fees?
‘Fees Withheld’ covers all our professional fees. That is the fee for your lawyer’s work.
It does not cover amounts paid to 3rd parties such as the following:
- Court filing fees;
- Mediation Room Hire & Mediators Fees;
- Medical, Financial or Independent Valuers Reports;
- Psychiatric and Psychologist Reports;
- Printing and Photocopying Costs;
- Barrister fees
- For many of our appearances our solicitors appear and do not engage a barrister
- Should your matter proceed to a Final Hearing we will normally engage a barrister
- A barrister may be willing to wait for payment from the settlement of the matter in other situations, but this is on a case by case assessment
These amounts are required to be paid by you prior to us incurring these. The Court filing fee will be required before we file with the Court, the costs of any photocopying fees or report costs will be paid before the doctor or Independent Valuerprovides them.
These can be paid along the way so you can plan and prepare for them.
When Do Clients Pay?
For amounts to 3rd parties these are paid in advance of us proceeding to this point
For our legal fees these are paid once the matter is concluded. In most cases this is paid from the settlement proceeds received.
‘Fees Withheld’ is not Free Legal Service
It is important to be aware that a ‘Fees Withheld’ arrangement is not an offer to act for you for free.
When your case is successful our legal fees are due and payable, and these will usually be paid from the settlement outcome achieved in your matter.
In some cases, we may provide invoices along the way so you are kept updated on your legal fees that are accruing even though you will not be required to pay these invoices at that time. The invoices will be paid at the conclusion of your matter.
Benefits of ‘Fees Withheld’
‘Fees Withheld’ is very beneficial as where you cannot afford to pay upfront for our legal services, we may still proceed with your case and act on your behalf.
- You will still receive the same legal services as someone paying along the way;
- You will be able to proceed with your case even though you currently cannot afford it;
- Payments to 3rd parties are able to be paid along the way and are not required to be paid all upfront;
- We help you to have access to ‘justice’ and a ‘fair go’ despite your financial circumstances being limited.
If you believe you have a case but are concerned you cannot afford to pay along the way, contact Pentana Stanton Lawyers and meet with one of our lawyers and have your case assessed.
Whether your:
- Relationship has broken down;
- You are being taken to court by your estranged spouse;
- Been dismissed from work or experienced some other employment issues such as underpayment;
- Have been left out of a Will or believe you are entitled to a greater distribution;
- Are owned money from another party;
- Are a trades person who has not been paid on your invoices;
- One of various other persons seeking to obtain fairness and what you are entitled to;
We can assess your case and if approved, we will offer to pursue it for you on our ‘Fees Withheld’ arrangement.
You can relax that the only costs you need to find will be for charges of third parties. That means there is nothing to stop you from pursuing your case.
Contact Pentana Stanton Lawyers now on (03) 900 22 800 to discuss your case today.
