Approaching a family lawyer about the options for payment of cost of legal fees can be a sensitive but important conversation, especially if you’re concerned about the costs involved. Let’s face it, working out how to afford the cost of legal fees during this stressful time is difficult and can be overwhelming. But if you review your options at the start, and come up with a plan then you and your lawyer are better prepared to manage your case in the long run. Here’s a step-by-step guide on how to handle this discussion and get the best outcome.
1. Prepare for the Conversation
- Understand Your Financial Situation: Before meeting with the lawyer, take stock of your financial situation, including your income, savings, and any debts. Knowing what you can afford will help you discuss payment options more clearly.
- Research Potential Costs: Have a general idea of the cost of legal fees involved in family law cases. This may include hourly rates, fixed fees, or retainer agreements.
2. Initiate the Conversation
- Be Honest and Direct: When you first meet with the lawyer, be upfront about your financial concerns. It’s okay to say something like, “I’m concerned about the cost of legal fees services. Could we discuss the payment options available?”
- Ask About Fee Structures: Inquire about how the lawyer typically charges for their services. Common fee structures include:
- Hourly Rate: The lawyer charges for each hour of work.
- Fixed Fee: A set amount for specific services (e.g., drafting a divorce application).
- Retainer: An upfront payment against which the lawyer bills their time.
- Contingency Fee: This is rare in family law but may be applicable in some financial settlement cases where the lawyer is paid a percentage of the amount recovered.
3. Discuss Payment Options
- Payment Plans: Ask if the lawyer offers payment plans that allow you to spread out the cost over time.
- Deferred Payment: In some cases, a lawyer may agree to defer payment until after a property settlement or other financial resolution.
- Legal Aid: If you’re eligible, ask whether the lawyer accepts Legal Aid or can help you apply for it.
- Reduced Fees or Pro Bono Work: Some lawyers offer reduced rates or pro bono (free) services for clients in financial hardship.
- Third-Party Financing:Ask if the lawyer works with JustFund to provide legal finance. JustFund is Australia’s only specialty family law finance provider who provide flexible funding solutions via a line of credit to eligible applicants. This line of credit is to help cover the cost of legal fees expenses and is only repaid only when the matter is settled, so there are no upfront or out of pocket expenses. If your lawyer is not accredited with JustFund already, ask them to contact us and we can review the law firm and get them accredited so a loan application can be processed.
4. Get Everything in Writing
- Fee Agreement: Once you agree on a payment structure, ask the lawyer to provide a written fee agreement. This should outline the services, cost of legal fees, and payment terms.
- Understand the Terms: Ensure you fully understand the payment terms and any interest or late fees that may apply if you’re on a payment plan.
5. Review and Negotiate
- Compare with Other Lawyers: If you’re not satisfied with the options, don’t hesitate to consult with other family lawyers. Some may offer more flexible payment terms.
- Negotiate if Necessary: If you feel the cost of legal fees are too high, ask if there’s room for negotiation. For example, you might offer to handle certain tasks yourself (like gathering documents) to reduce costs.
6. Consider Other Resources
- Community Legal Centres: If the cost of legal fees are still a concern, explore services offered by community legal centres, which provide free or low-cost legal assistance.
- Legal Aid : If you’re eligible, Legal Aid can cover the cost of a family lawyer for certain cases.
7. Maintain Open Communication
- Keep the Lawyer Informed: If your financial situation changes, let your lawyer know as soon as possible. They may be able to adjust your payment plan or provide other solutions.
- Discuss Costs Regularly : During the course of your case, have regular discussions about the costs incurred and any adjustments needed to your payment plan.
Approaching the conversation about cost of legal fees with preparation and openness can help you find a workable solution with your lawyer and ensure you will have access to a fair and equitable outcome for your family law matter.
This is intended as a guide only, and JustFund is not responsible for the outcome of any discussions or applications for funding or repayment of legal expenses.
