Have you been overcharged?
Have you been overcharged?
The fees rendered by a lawyer to a client are either calculated by reference to the amount of time involved by the lawyer in the matter or alternatively, under a Fixed Fee Agreement. A Fixed Fee Agreement provides for an agreed sum to be paid by the client to the lawyer usually upon the completion of the matter.
One of the concerns with a Fixed Fee Agreement is that it may not in any way reflect the true value of the work that has been undertaken. A client may agree to pay a fixed fee which could be well above the value of the work if calculated by reference to the amount of time involved by the lawyer in the matter.
We have had experiences with another firm who charges clients in personal injury and superannuation claims, under a Fixed Fee Agreement, where the fixed fees are well in excess of what would ordinarily and properly be charged if the fees were calculated by reference to the amount of time involved by the lawyer.
For example, we have experience of a matter where a lawyer has charged in the order of $20,000 plus GST pursuant to a Fixed Fee Agreement and the actual fees calculated by reference to the amount of time involved in the matter on the part of the lawyer, would have been less than $2,000.
WHAT ARE YOU
ABLE TO CLAIM?
If you have paid legal fees which are neither fair nor reasonable, then it may be open to you to challenge the fees charged by your lawyer and seek to recover the excess fees paid. You would also be entitled to claim for interest on those fees.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers have been the experts in the prosecution of personal injury and superannuation claims for over 40 years. We know what a client should pay for such representation. Brydens Lawyers has always charged fees determined by the amount of time that has been involved in the particular matter. That is, we do not charge under a Fixed Fee Agreement where the fixed fees may not represent in any way the true value of the work that has been undertaken.
Brydens Lawyers can readily determine whether the fees as charged to a client in a personal injury or superannuation claim are fair and reasonable. If not, Brydens Lawyers will act on behalf of the client in pursuing whatever avenues are available to recover the fees which have been overcharged.
Brydens Lawyers – the experts in costs disputes and in ensuring that you have only paid what is fair and reasonable.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
If you have any concerns with respect to the fees which have been charged, then you should consult Brydens Lawyers to have those fees reviewed. There are time limits which apply. If you have paid fees to a lawyer within the last 6 years and are concerned with what you were charged, then you should contact Brydens Lawyers for a free, no obligation review.
WHAT IS YOUR
Your next step is to contact Brydens Lawyers for a free, no obligation review of the fees charged and paid by you, particularly if they were paid under a Fixed Fee Agreement and related to a personal injury or superannuation claim.
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You have often read of my complaints concerning the Motor Accident Injuries Act which was introduced on 1 December 2017 for, ostensibly, the purpose of reducing greenslip CTP premiums whilst maintaining adequate coverage for innocently injured road users and ensuring the economic viability of the scheme.
To the extent that there has been a reduction in CTP greenslip premiums the legislation has proven successful. As to maintaining adequate coverage for injured road users, the scheme has, for reasons previously discussed, been a complete and abject failure. There is no proper or adequate coverage available for injured road users. Rather, the Government has systematically reduced benefits which were otherwise available to injured road users.
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