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: In Search of Perfect Client Service

Finally, an honest engagement letter

By Patrick J. Lamb

It comes from Australia.  Of course, because you wouldn't expect this from a US lawyer.

It begins this way: "I am writing to you quite frankly because I am being made to and for no other reason."  Okay, so maybe it's not totally serious.  But it is honest.  And very funny.

Here are some more highlights:

You will be pleased to know that I will personally look after your matter-unless something more profitable or interesting pops up-but you can be assured of service commensurate with the quantum of the fees you will be paying us. At various times I will have a team of lawyers, paralegals, graduates and whoever else maybe struggling to reach their budget assisting me.  Please be assured that regardless of whether I will be actually working on your file or not, I will make sure that some of my time is added to your file to reflect my level of importance in the firm.

In respect of our charges as you would appreciate (or you would if you were partner in our firm) it is very difficult for us to be precise on what your total legal fees in this matter might be. 

This is because we charge solely according to the time we spend on your matter (which is in the firm's best interest and if it is in our best interest it must be in yours) and I have no way of knowing how much time we will need to spend on your matter in advance. It is not that I have not had experience in this type of matter before its just that, well every case is different. I may be a good lawyer but I have absolutely no skills nor training in pricing so any precise fee I would give to you wouldn't be much use to either of us.  Indeed, it may be disadvantageous to me as it may mean I have to achieve an outcome for you regardless of my ability to make my monthly budget- not a pressure I would like to have. I hope you will understand.

And then there's this gem on budgets:

It is also not in my interest to give you a precise figure anyway primarily because you might hold me to it. Even if I were to give you a precise figure you might not like that figure and choose to shop around, or  ask me how I arrived at that figure. Worse still you might seek to negotiate a different fee with me.

I am prepared however to give you a range which may – or may not – be of some assistance.  Based on what you have told me to date, which I know was not much because I have not asked you many questions, I can with some confidence state that your fees are unlikely to be any less than $20,000 (in fact I can positively guarantee they will not be any less than $20,000 looking at my budget month to date) and are unlikely -but not impossible- to exceed $200,000.

Everyone at our firm is proudly assigned an hourly rate at the commencement of each financial year (although we do reserve the right to change the rates at anytime without telling you in advance).  You are lucky to be dealing with me who as a senior partner can command extraordinarily high charge out rates.  As the seni

Full post as published by In Search of Perfect Client Service on February 27, 2009 (boomark / email).