Controlling the cost of solicitors

I''ve read a few threads on unexpected cost or invoice from solicitors. I am just wondering if people have an effective way to control the solicitor cost.
At around £200-300 an hour, I do believe clients should get the best out of their solicitors.

I suspect most divorce cases are related to financial remedies.

Is it possible to have a breakdown on how many solicitor hours should be spent on each activity for a "typical" case?

- First Appointment
- FDR
- Final Hearing

I am in the process of finding a solicitor best suitable for my case. I am willing to pay for the initial 30 min of time for me to "interview" the solicitors.

I had been to see a solicitor with free initial 30 min appointment. He just kept on going about the court procedures (FA, FDR, FH), for which anyone can look it up on the Internet. I had no intention to get free advice or ask him to tell me something I''d like to hear. I just wanted to hear how he would approach my case. It''s only that I can then make a judgement which solicitor would be best for my case. He didn''t give me anything that I could compare him with other solicitor. I asked him about his previous cases and outcomes but he brushed the question off. The only thing he said was he had X number of years of experience.

The search continues...

There is no guide to how long a case takes as the complexity of the finances has an effect on how long a case takes to prepare.

Another factor which should not be overlooked is the approach each party has to proceedings. If one party is not fully engaged in the court process the costs can increase significantly as lies and misrepresentations have to be identified and neutralised.

Of course, the process can be very straight forward if both parties reach an agreement at an early stage - this is what you should aim for.

Charles

Thanks Charles.

For my case, I very much wish I could discuss with the stbx, directly, mediation, via her solicitor, etc. All my attempts got rejected and I am being taken down the court route...

I know there is no "typical" case. I am just thinking most families work in normal jobs, have a mortgage, pensions and car.

With limited fund, can we say to the solicitor to cap the cost for each task?

e.g.
4 hours on FA
12 hours on FDR

These hours won''t be enough if you let the solicitor do the admin work, e.g. filling in form E, reply to unnecessary correspondence, etc.

There has to be a financial tipping point that it becomes silly to keep paying high solicitor fees to debate on limited asset.

Your approach is too simplistic I''m afraid.

It is true that there is no typical case but you then go on to refer to “most families” which alludes to a typical scenario.

Most families may have a mortgage, pensions and cars but how large is the mortgage? Can either/both party afford to take the mortgage on and buy out the other? How large are the pension/s and what type are they? Are there dependant children and who will they spend most of their time with?

Lots of issues can arise if earning capacities are different, if there is a significant age difference or if there are health difficulties.

The complexity of the finances has an effect on the time spent preparing the Form E financial statement. If this contains lots of assets and liabilities, the form may require many hours preparation. The other side then gets to raise a questionnaire in relation to the Form E and you then have to prepare replies to the questions that the court deems it appropriate for you to answer.

What you are looking for is a figure to rely upon but I cannot give you one. You mention “4 hours on FA” – is this for the hearing only or for the preparation as well? You don’t mention where your proposed solicitor is in relation to the court – does the time include travelling?

Most people try to sort out issue before applying to the court. If so, this process alone could take months until one party decides to issue in which case you already have time on the clock.

If you wanted some ‘flavour’ of cost I can say this:

* Based on £185 + VAT per hour
* A matrimonial pot of less than £250k
* Each party is employed with similar wages and pensions,
* There are no dependant children
* No significant liabilities
* No complex assets (e.g. brown belt land ownership, trust funds, foreign investments,)
* Proceedings issued at an early stage
* The court is within 10 miles of the solicitors office

Costs could be around £2500 inclusive of VAT which would include advice, preparation of Form E, preparation of questionnaire, attendance at the first hearing and communications with you, the other side and the court.

Some firms would charge you significantly more, some would charge less (but not significantly if they are doing a proper job).

If the assets are limited and the disputes are minor, you should consider doing it yourself. Alternatively you could instruct a solicitor on an ad hoc basis where they do not go on the court record but can help you prepare documents, advise and attend court if required. You would deal with the ‘routine’ communications yourself.

This type of advice is called ‘unbundled advice’ which is effectively pay as you go and can include fixed fees. You need to be aware that sending a solicitor to court for a hearing with a shoddily prepared case is throwing good money after bad (rather coursely put: “you cannot polish a turd”) so pay a bit more if possible for the preparation too.

Charles

Thanks Charles for the detailed response. It helps a great deal!

Sounds like I can easily spend £10-15K going through FA and FDR alone. It would be silly money to spend out of the pot. There is young child involved. It would be crazy to spend £20-30K between the 2 of us on solicitors.

The trouble is, my stbx is still in the mentality to "win" something. She''s taking me to court on borrowed money instead of going to mediation.

I may go for "unbundled advice". I know it''s risky. I just hope the judge will see some sense of the situation and provide us with good direction at FDR. Spending £20-30K will our means to get "justice" is just plain silly. While I am the sitting duck, I still think about what the best outcome for all of us can be. She may never realise... At least, I will be able to tell our son in the future that how I had tried my best.

Takes 2 to tango.... if she will not talk you are stuck. i am in same position.