I have a case in a foreign country. The legal representative there has requested that I pay a substantial amount of money up front. Is this unusual?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by LegalEagle™ staff, Forbes 2871 NSW
- There are many different methods to pay for legal services overseas including:
- payment in advance;
- payment for each step with no further work to be undertaken until that account is paid;
- payment on:
- a contingency percentage basis; or
- through pre-arranged fees.
- Before asking an overseas lawyer to undertake legal work on your behalf you should clearly establish:
- how fees will be charged by the lawyer;
- the preferred payment method; and
- an estimate of what the overall work will cost.
- You should also ask for anticipated expenses including expert costs or other disbursements.
- It is not unusual for legal representatives in Australia to request upfront payment of fees for a matter. This money is held in highly regulated trust accounts.
- It is probable that your international lawyer follows the same practice.
- You could ask them about how the money will be held and the circumstances under which it will be withdrawn.