At The Separation Guide, we pride ourselves on partnering with lawyers who uphold our Ethical Charter. They operate with transparency, ensuring you understand their fee structures and what to expect at each stage of your separation. Unfortunately, not all family law practitioners work this way.
Sometimes, clients come to The Separation Guide after they’ve already engaged a lawyer outside our Network, and they find themselves facing unexpectedly high legal bills. These clients often describe feeling ‘held captive’, with proceedings half finished and charges building up.
Separation and divorce are already challenging enough without the added stress of potential overcharging. There are steps people can take to address the issue. We recommend that they have their fees independently reviewed.
When should I dispute legal fees?
Legal advice and services come at a cost. Often when you go through separation, it might be the first time you’ve engaged with lawyers for more than a conveyancer or wills and estates lawyer, and the price for separation agreements and drafting might seem daunting or excessive.
It’s important to recognise that legal advice and services are tightly regulated and provided by people who are highly qualified and experienced. A lawyer’s hourly rate may sit between $300-$600 plus GST, depending on their location and speciality. Costs for drafting consent orders sit in the thousands.
An issue with fees only occurs if you have been charged excessive or unreasonable fees for the work a lawyer has carried out on your behalf. Identifying whether you’re being overcharged is the first step in addressing a potential dispute. Here are some common signs to watch out for.
Excessive billing hours A noticeable increase in billed hours without significant progress in your case.
Unreasonable charges Billing for tasks that seem trivial or unrelated to your legal matter, such as excessive administrative work.
Lack of transparency Receiving vague or unclear billing statements that make it difficult to understand the charges.
Unapproved change in the scope Billing for an increase in costs and/or scope of work that hasn’t been clearly outlined before the work was carried out.
What should I do if I think my lawyer has overcharged me?
If you believe your lawyer has overcharged you, you need to be proactive.
Review your agreement Check the engagement agreement or contract you signed with your lawyer to ensure the fee structure aligns with what was initially agreed upon.
Request detailed billing statements Ask for itemised billing statements that clearly outline the services rendered and corresponding charges to identify any discrepancies.
Open communication Discuss your concerns directly with your lawyer to seek clarification on billing issues. Sometimes, open dialogue can resolve misunderstandings.
Who can help me dispute legal costs?
If direct communication fails, consider seeking help from legal fee dispute resolution specialists.
The Legal Services Commission in your state can help up to certain limits and on certain matters.
The other option is to speak with a cost lawyer who offers several services to help you challenge excessive legal fees.
What is a cost lawyer?
Cost lawyers specialise in dealing with the costs aspect of legal proceedings. They provide expert advice and services related to the assessment, negotiation, and management of legal costs. Here’s an overview of what cost lawyers do and when you might need their services.
Expert Analysis Conducting a thorough review of your case and billing statements to identify instances of overcharging or billing irregularities.
Negotiation Skills Experienced professionals can negotiate with your lawyer or law firm to reach fair and equitable fee resolutions.
Mediation Services Attending mediation on your behalf to facilitate constructive dialogue and find mutually acceptable solutions.
Legal Representation Providing competent legal representation if disputes escalate and legal action becomes necessary, advocating for a refund or reduction in fees.
Costs recovery Assisting in the recovery of legal costs from the opposing party, ensuring that you receive the appropriate amount owed to you.
Discovering that your lawyer has overcharged you can be unsettling, but it’s important to know that you have options to address the issue. By taking proactive steps—such as reviewing agreements, requesting detailed billing statements, and seeking external assistance—you can challenge excessive legal fees.
Meet the cost lawyers in our network
Law in Check is a law firm specialising in helping people who have been unfairly charged by their lawyers. They review invoices, cost agreements and trust account statements to determine any unfair bill charges and provide expert advice to help reduce legal fees and make sure that you are being charged a fair and reasonable amount for legal services.
Law in Check will only engage with you if they believe you have a case and you are likely to receive a reduction in your fees. The team works hard to make sure their own fees are fair and fit what their clients need. They keep everything transparent, so you know exactly what they’re being charged. Many times, Law in Check can get the previous lawyer to cover a big part of the assessment costs.
By engaging a cost lawyer from Law in Check, you can navigate the complexities of legal costs with confidence, knowing that you have a dedicated professional advocating for your best interests. fair and reasonable value for the legal services provided to you.
What is the process of engaging Law in Check?
You first have a free chat with a member of the Law in Check team who can assess your matter. They can outline their costs, and let you know if it is in your best interests to proceed further.
Your next step is to provide documents for a paid review and meet with a cost lawyer in the practice, who can advise you on how to progress your matter.
What are the benefits of engaging Law in Check?
- Transparency: They offer a free initial consultation so you can discuss your situation and their fees clearly before you decide to move forward.
- Save money: Law in Check specialises in reviewing legal fees and potentially reducing them if they find they’re unfair or unreasonable. This could mean getting money back in your pocket.
- Expert help: Their team has experience in legal costs, which can be a complex area. They can analyse your bill and identify areas where you might have been overcharged.
- Peace of mind: Dealing with legal fees can be stressful. Law in Check can take the weight off your shoulders by handling the communication with your lawyer on your behalf.
At The Separation Guide, we are committed to making your separation process less stressful and more cost-effective.
Consider contacting Law in Check if you need peace of mind that the family lawyer you’ve engaged has priced their services fairly and appropriately.
