If you do not qualify for Legal
Aid and there are no other means of paying for your legal matter, then it is
likely that you will have to pay for it yourself.
Solicitors
are free to agree with you whatever payment levels they wish, subject to it not
being extortionate. Generally, solicitors will either charge by the hour
or a fixed fee.
It is
important to be clear about the difference between a fixed fee and a
quote. A fixed fee is a fixed amount that the solicitor will charge for
the job, however long it takes. Often solicitors will specify in some
detail what is covered in the fixed fee and if events or steps occur outside
those specifications then further fees will be payable. However, in the
main, if you are offered a fixed fee that should be what you pay for that
service.
A quote
or an estimate is the solicitor’s estimation of what something may cost
generally based on their hourly rate. It does not mean that the solicitor
is contractually obliged to deliver the services for that fee.
The
traditional way for solicitors to charge would be by an hourly rate taking into
account the number of hours spent on a matter. Generally, the more
experienced a solicitor or person dealing with a case, the higher the hourly
rate. In theory a more experienced person should take less time, so
sometimes even if the hourly rate is higher the time spent maybe less, leaving
a smaller bill than with a solicitor quoting a lower hourly rate.
It is
important when being quoted fees based on an hourly rate to agree an estimate
of what the fees are likely to be and ask the solicitor to tell you in advance
if the fees are going to substantially deviate from that estimate.
If you
are unhappy about a solicitor’s fees you can complain via the solicitor firm’s
internal complaints system and you also have the right, in certain
circumstances, to have those fees assessed by the court.
There are some strict time limits on this, and full details should be in the solicitor’s terms and conditions or on the invoice.