03 LITIGATION - ALTERNATIVES TO TIME COSTING​

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Litigation retainer

We charge a fixed monthly retainer during the preparation phase of the litigation
(i.e. up to but not including the hearing). This is calculated by working out the
likely total costs and spreading that out over the period that we estimate it is
likely to take before the hearing occurs. We can estimate both these factors quite
accurately.

If there are periods where nothing at all happens (as is sometimes the case during
a lengthy litigation, for example while waiting for a hearing date), then you will
not be charged at all during those months.

We then charge a separate fixed fee per day during the hearing itself. We do this
because the work involved during a hearing is substantially greater and more
intensely concentrated than during the preparation phase; and because most cases
actually settle before they go to hearing. This way, we protect you from paying
for the most expensive aspect (the hearing) if we help you to achieve an earlier
settlement.

Fixed fee litigation

We charge a fixed fee for the litigation matter, which is payable regardless of
the outcome. This may be attractive in cases where there is a high likelihood that
they will "go all the way" (i.e. to a final hearing). It provides complete certainty
as to cost.

Event costed litigation

We will charge fixed fees for specified stages of the litigation matter as it
progresses (eg preparing pleadings, discovery, evidence, hearing).