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Do I have to pay a large amount of money in legal fees upfront to an overseas lawyer?

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?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 15-11-2015
1 Lawyer Answered
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  1. Overseas Lawyers
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    • You could ask them about how the money will be held and the circumstances under which it will be withdrawn.

 

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