VIC Property Settlement - Negotiate a Fixed Fee Agreement?

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jimmyfree

Active Member
23 January 2017
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Just a quick one guys any help would be great.

I have just found a solicitor for my Property Settlement matter. He has forwarded a 'Cost Disclosure and Fixed Fee Agreement'.

One of the points of the Cost Disclosure reads as follows:

'You have the right to negotiate with us the method of billing including the fixed fees for professional fees we have quoted'. Does this entitle me to negotiate the cost of the Fixed Fee amount?

If so what is a correct and polite way to approach this?

Thanks in advance
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Reading that section it sounds like the method is open to negotiation, not the amount.

eg: Pay upfront or pay in instalments.

Anyone has the right to negotiate on price, but the other party doesn't have to agree to it.
 

Hayder Shkara

Lawyer
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16 January 2017
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Sydney, NSW
www.neatlaw.com.au
Yes - what you have read is a standard clause in a costs disclosure.
You have the right to negotiate with us
It's a right but doesn't mean anyone has to agree to your negotiations. Be open with the discussion, courteous and have some common sense - ask them up front for a rate or fixed fee you think is reasonable and see what they say.
 

Tim W

Lawyer
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28 April 2014
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Sydney
Looks like the usual language for this sort of thing.
As to the rest, I agree with @Hayder Shkara above.

Consumer tip: Contingent fees ("No Win No Fee") and "First Meeting Free" are marketing devices, not rights.
Not every lawyers does them, and they are not offered for every kind of work.