Kim Beatson, Partner
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In the current economic climate the price of legal advice is obviously crucial but the cheaper lawyer may not have the necessary expertise. Efficient, experienced lawyers could be better value and possibly less expensive in the long run providing the focus is on the settlement process. Clients too must take some responsibility for costs and this article seeks to assist divorcing and separating clients in examining their own role in the legal process with a view to ensuring that costs do not run out of control.
Process
Select the right process for you. Specialist family lawyers will not simply offer legal advice and representation in Court and some will have other skills, for example as mediators and collaborative lawyers.
Many separating couples prefer to attempt to negotiate issues relating to children or financial affairs with the assistance of a mediator so that their respective lawyers play a cost effective, supportive role - very much in the background. The mediator may also be an experienced family lawyer (in the writer’s view this is essential in more complex financial cases). The advantage of mediation is that there will usually be just one mediator so the costs can be shared between the couple.
Some lawyers will have trained as collaborative lawyers which is very different from the traditional process. Here both parties instruct a collaborative lawyer so that each has the benefit of legal advice. However, the lawyers have a wholly different role which is supportive of the couple and child focused. Decisions are negotiated at round table meetings and the couple and the lawyers agree not to go through the Court system unless negotiations breakdown totally. The couple dictate the timetable and the agenda. Where appropriate, other professionals such as child development specialists, accountants and actuaries are
involved in the process, receiving joint instructions from the lawyers and this in itself reduces costs.
Choice of Solicitor
Make sure the solicitor suits your chosen process. This could mean that your solicitor is supportive of mediation and able to refer you to an experienced mediator. If collaborative law is the process for you then you must ensure that your solicitor is collaboratively trained. For information about special qualifications you should visit the Resolution website (www.resolution.org.uk). Many journals (Chambers Guide and Legal 500) recommend solicitors and these guides are based on peer reviews and client recommendations. Many solicitors are accredited specialists and have a particular expertise in a given area (for example, high value financial cases, children or cohabitation). The accrediting organisations are The Law Society and Resolution. The best way to choose a solicitor is to rely on personal recommendation from friends and family then to recheck the guides and websites for comments and information about specialist qualifications.
Always seek a detailed costs estimate and timetable. Ask your solicitor how junior fee earners will be deployed and how they will be charged out. It is not always necessary for a partner level solicitor to attend Court with counsel or to prepare straightforward documentation.
Your relationship with your former partner
Try to retain a working relationship in order to keep costs down and remember the long term benefits of doing so if you have children. Maintaining a working relationship may enable you to sort out valuations together. The two of you may be able to decide who will be responsible for the bills and mortgage, whether the joint accounts should be closed and whether credit cards should be suspended. (Remember: divorcing couples sometimes spend freely on themselves and on new relationships so this might be an important consideration!)
You need to check this with your solicitor but the Principal Registry of the Family Division in London is said to be generous to women and slow. The County Courts in Oxford and Ipswich are thought to be very efficient. It is not necessary to file your Petition in the local County Court and you may have good reasons to avoid yours.
Unbundling/Delegation
Whatever process you use, consider very carefully how you wish to employ your solicitor and never use your lawyer as a therapist unless you are prepared to pay the price.
Clients are increasingly seeking a relationship with a solicitor that involves co-working. Typically the client pays the solicitor at hourly rates or fixed or capped fees for different aspects of their advice and this is known as “an unbundled retainer”.
It is necessary for the solicitor and client to jointly decide who will be responsible for what tasks. For example, a client may decide to act in person (dealing directly with the other solicitor) in connection with the divorce and matters relating to children. He/she could instruct his/her own solicitor in connection with the financial negotiations. Even that aspect could be unbundled so that the client is responsible for gathering together financial data and preparing financial disclosure documents and the solicitor might then be responsible for negotiating and advising on terms of settlement. The client could also act in person and then appoint a solicitor at certain stages in the process such as attending round table meetings or providing representation at Court.
From the point of view of all concerned it is necessary to carefully agree the ambit of such retainer so that everyone is crystal clear about responsibility for various tasks.
Finally, empower yourself. There is a wealth of information in handouts, literature, DVDs and on the website. Inform your decision-making by researching and educating yourself.
“You get what you pay for” can take on a whole new meaning.
Please email Kim Beatson or call 020 7940 4000 for advice on any aspect of family law.
