October edition - The Police Association Victoria

With fixed fees you know
exactly where you stand
The breakdown of a relationship or marriage can be stressful and traumatic. Often family
law matters take some time to resolve and can be costly for both parties. There is a start and
end, but the direction in which the process can take along the way can be many and varied.
In family law matters one of the difficulties for
clients is being able to assess their capacity to
meet their obligations or weigh up outcomes
against costs. As is often the case with family
law, the legal fees you end up paying may
be greater than the dollar difference you are
arguing over. It may come down to whether
you would rather give the money to a lawyer
or share it with your former partner.
Mid-last month Slater & Gordon launched
its new Family Law Fixed Fee model in
Victoria, which promises to alleviate much
of the uncertainty so you can make a more
informed decision of whether you would like
us to advance your matter.
Most lawyers who work in Family Law charge
on an hourly rate, according to the amount of
time they spend on your matter. They typically
charge in six-minute blocks for anything
necessary to your case such as telephone calls,
emails, meetings and preparing letters and
documents. Not surprisingly, it doesn’t take
long for these costs to add up.
With Slater & Gordon’s Family Law Fixed
Fee model we aim to reach the best results
for our clients quickly and economically. The
big difference between fixed fees and hourly
rates is certainty. With hourly rates you
don’t know what the cost will be until the
matter is resolved. With fixed fees you know
exactly where you stand from the outset,
irrespective of how much time the lawyer
spends on your case.
How does the Fixed Fee model work?
Our Fixed Fee model works much like a quote.
You and your lawyer discuss your matter
and develop a plan of how it is to be handled.
You’ll be given a fixed fee proposal that sets
out the work to be included, and what may be
excluded, and how the fee is to be paid. This is
called a Legal Costs Agreement. If we all agree
to its terms, you sign the contract and our
lawyer gets to work on resolving your matter.
Fees are charged in incremental stages
rather than based on the time or resources
involved, as is usually the case. If at stage
two you still haven’t settled, we scope what
is required to reach stage three and we
quote you a fee for proceeding.
The fixed fee proposal may cover multiple
stages of a matter but in most cases it is not
possible to quote a fixed fee for a later stage
until the earlier stages have been completed.
For instance, it is not possible to quote a price
for preparing a matter for trial before the
issues to be argued at the trial are known.
Through the fixed fee arrangement we
give you the opportunity of assessing
what value you place on the work we are
going to do to achieve a certain outcome.
You may choose not to proceed. That’s
perfectly understandable. It is no different
to negotiating over or piece of artwork; what
has a certain value to one person may not
have that value to someone else.
Fixed fees may not be suitable in every
situation. For instance, it is unlikely that fixed
fees would be quoted if you have a complicated
case with complex and uncertain legal issues,
or if you and your ex-partner are involved in a
dispute with high levels of conflict.
What is included in the Fixed Fee quote?
We set out the precise scope of the work
to be undertaken in the Legal Costs
Agreement. Typically it involves all legal and
administrative work necessary to complete
the specified stages including preparing
documents, dealing with correspondence,
and communicating with the other party
and the courts. Our operating costs are also
covered, so you won’t be charged separately
for photocopying, telephone calls or faxes.
Exclusions and variations
In special circumstances, there may also
be specific exclusions. We always discuss
these with you and detail them in the Legal
Cost Agreement.
In addition, unforeseen events may
unfold that could change the course of
your case such as if the other party files a
new application or a third party joins the
proceedings. We let you know in writing if we
wish to propose a cost amendment due to a
substantial increase in the work involved.
You then have the option of accepting or
rejecting the revised fee. If we agree on the
variation, we proceed. If not, you can either
cancel your instructions or you can exercise
your rights under the Legal Costs Agreement.
At Slater & Gordon, our team of experienced
family lawyers can give you comprehensive
advice about your legal rights, entitlements
and obligations, and the different options
available to settle any matters in which you
and your partner may disagree.
Our approach to family law is to encourage
settlements, not arguments. By applying
a Fixed Fee model to family law we aim to
provide value for our clients and our focus is
on achieving the best results promptly and
cost-effectively.
For more information about Slater &
Gordon’s Family Law Fixed Fee model, visit
www.familylawfixedfees.com.au or contact
us at 1800 555 777. To learn more about the
full suite of services we offer, you can go on
our website at www.slatergordon.com.au
Step-by-step guide
demystifies the
complexities of family law
Ian Shann is the Family Law National
Practice Group Leader at Slater &
Gordon, and has been instrumental in
developing the Family Law Fixed Fee
model. To coincide with the introduction
of the new model, Slater & Gordon has
launched Ian’s guide to family law.
In Know Where You Stand, Ian has put
20 years of experience into a unique
and accessible guide to separation for
married and de facto couples.
The book gives a step-by-step guide to
family law including separation, divorce,
de facto relationships, children’s and
financial issues and the court systems.
It is a practical guide for users of the
family law system, written in plain
language, and provides pointers on
how to find and deal with lawyers.
For more information about Ian
Shann’s guide to family law, visit
www.familylawfixedfees.com.au
The Police Association Victoria Journal October 2011
29