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FAQs (Frequently Asked Questions) on Funding & Fees.

We have set out below some common funding questions and queries.

Please note this is a general note only and not specific advice to you.

If the explanations help you then that is wonderful, but please call or email our office if you have any doubt or any ongoing query.

Are you cheap or expensive?

We believe we are neither particularly cheap nor conversely expensive.

Our fees try to be:

If you want the cheapest option you may wish to go elsewhere. Before you go though please ask yourself:

 

In terms of our state of art office we are located in a rural enterprise zone and hence our overheads and fees reflect the lower costs of delivery as opposed to large offices in the heart of a major city.

What are fixed fees?

Fees that are fixed for the work we do.

We publish these fees online. They are the same for all of our clients. Typically we offer these for documents we commonly prepare.

Each of our clients pays the same fee for the production of that type of document. It can be altered once after production to you for free within one month of its supply without additional cost. After that additional fixed fee charges then apply.

For example, with our Employee Handbook (£650 plus VAT) we may produce three handbooks per month for different clients therefore we have a fixed fee to personalise it and ensure it meets the specific needs of your business and the existing terms of service in place for your employees. 

The document you receive is tailored to your business (by reviewing your existing documents; your contracts of employment; and by taking your instructions) but the costs of general production are shared between clients as to the common parts (i.e. the legal compliance elements). We believe all of our clients should benefit from our fixed fee approach.

With a fixed fee you know what you will pay when instructing.

What are Agreed Fees?

Fees we agree between you (the client) and us (Bennett's Legal) for particular tasks Bennett's Legal undertake for you. They are specific agreements for a specific task or part of a task.

We offer agreed fees for non-contentious work and contentious work (Court and Tribunal matters).

For example, if one of your customers has breached a contract for the supply of goods we would offer an agreed fee for checking the contractual position; writing a letter of claim; advising on any letter of response (including potential defences) and then drafting and issuing a claim before the Court if required.

The advantage to you over traditional hourly rates are that your costs are known to you and can be budgeted for prior to taking any action.

In the example above if this did not result in the outcome you wanted within that stage and a trial was then needed we would agree staged fees with you to ensure you control how much the litigation costs.

Court fees are outside this agreed fee structure but we can tell you what they are at the outset. You will thus know these also.

Any other solicitors or barristers fees (for example the defendants legal fees) or an experts opinion/report are similarly outside the agreed fee with Bennett's Legal but these can usually be covered by insurance. However we can give precise costs of these third party costs at the outset as it will vary from case to case.

Please ask for a agreed fee quotation.

Other Funding Types.

Do you charge hourly rates?

Market research by the Law Society and others shows clients do not like hourly rates. So we do not generally use them.

Clients feel they are unclear and the legal costs are not known to them when instructing solicitors on this basis.

We are client focused and hence want to use fixed or agreed fees to ensure you are clear of the costs in your mind. Therefore we prefer not to use hourly rates.

If however you want us to use hourly rates please ask us at the outset of the matters and we will use them.

We will give a quotation of likely costs, but this is not capped like our agreed fees.

At your request our hourly fees would be:

 

All of the above rates exclude VAT and any other expenses which may be payable in addition to the above (mileage, bulk photocopying charges, expert reports and any similar external costs).

We believe that our rates even on an hourly basis compare very favourably with our competitors.

Does Bennett's Legal offer No Win No Fee funding?

It is possible to that we will agree to fund cases by Conditional Fee Agreement (civil matters) or Contingency Fee Agreement (Employment matters).

We assess these on a case by case basis but we do charge an investigation fee prior to offering this kind of funding. This allows us to assess the merits of the case and to advise on the suitability of the funding option and any insurance costs that it may be sensible to consider incurring to protect your interests.

Does Bennett's Legal take on cases funded by insurance companies?

Yes.

We offer this to the insurance companies direct; via third party referral schemes (used by the insurance industry to allocate a so called panel solicitor) and as a Solicitor of choice under Legal Expenses Insurance schemes.

What type of Insurance do you accept/offer?

We separate these because in our experience people get confused.

1. Offer?

We do not sell insurance.

We do work with FSA (Financial Services Authority) regulated professional insurance firms who offer insurance options within the legal sector. We offer, for example, insurance packages for employers to limit employment law claims and legal costs per year.

Any arrangement is between the insurer and you - we are not a party to the insurance element.  

We give specialist legal advise. You can purchase insurance from many other insurance industry sources so why generally would you want to purchase it from us? Our answer therefore is we focus purely on the providing independent legal advice not selling you an insurance policy.

You may wish to think of the insurances we can access for you as a cherry on top of the cake we are providing.

If you are dealing with non-solicitor providers of legal services you may wish to ask yourself are they selling you the insurance or their expertise?

2. Accept?

We accept all matters funded by insurance companies.

Typically, these can be either (BTE) before the event (i.e. in case the worst happens but it has yet to do so) or (ATE) after the event (the worse has happened and I am not already insured).

From your perspective either offers the opportunity to have the risks of litigation reduced.

BTE is generally cheaper for you the client to purchase.

ATE is specific to the problem in your case, but the costs will reflect the risks in that particular case and more widely the experience of the insurance company with those types of claim.

3. How can you help regarding insurance?

We can advise on the availability and assist with sourcing:

 

Does Bennett's Legal offer Legal Aid?

No we do not accept legal aid funded matters.

The current name for legal aid is Community Legal Service (CLS) or Criminal Defence Service (CDS) for civil and criminal matters respectively.

We do not offer either of these funding options. Primarily because businesses (including Directors, Partners etc) are excluded from the schemes as they are for individuals only.

If you are, or may be, eligible as an individual we will assess your eligibility and if you are entitled to claim we will refer you to a firm or panel of firms who can offer this funding option.

Please be aware you may still have to pay for the service you received and should check what the funding effects may be. For example, they may include a deduction from benefits, upfront and/or ongoing payments on a monthly basis, loss of part of any financial settlement or a charge over your home (in effect securing the governments money against your house as a mortgage or second mortgage)

You can however check your eligibility for legal aid yourself online at www.legalservices.gov.uk 

As you would, probably, expect it is a safety net for the low income individual and their family.

Legal Aid is generally offered by predominately smaller High Street type law practices (i.e. criminal, family, housing etc). A list of suppliers is available from the website above.