Sundaymail Editor
Legal Matters with Arthur Marara
This column mainly seeks to demystify the law and legal practice. Even if you have dealt with attorneys, you may not fully appreciate what actually happens as your lawyers are not always at liberty to disclose how they operate.
The year 2022 has come to an end and a new one has begun. As such, it is important for you to have a picture of what your legal year looks like.
This also applies even to individuals.
- Retaining a lawyer or firm
In previous articles, I emphasised the need to have a personal lawyer. I repeat, it is crucial to have one. You can even have an attorney who handles your business affairs and another who deals with your private life.
As you start the year, it is important for you to review the performance of your attorneys in 2022.
If you are happy with the services, you can continue with the relationship. You are also within your rights to terminate the services if you are not happy. You have every right to choose another firm that serves your interests well.
- Get an update of all your pending cases
You cannot plan effectively when you are in the dark on the status of your cases. You have the right to be copied in all the correspondence your attorneys write on your behalf.
The same applies to court pleadings. Insist on being copied. Once papers have been prepared and filed, you can always be served with either hard copies or scanned ones.
Scanned copies can save you on fees as photocopying is usually charged at rates that are higher than those of normal photocopying. This allows you to have a real-time update on the state and progress of your matter.
You can now even get a confirmation of the status of all your matters, and the next step that is involved. There is a tendency by many people to leave everything in the hands of the lawyer.
That is a dangerous approach. The case effectively remains yours and you should be proactive about it as well. With technology, you can get email updates on the matter.
- Be in control of your legal bills
The question is: How can I be in control of the bills? You need to be proactive in your matter, not by pestering the lawyers, but by knowing your rights and also requesting a full brief in your initial interview over the matter. Legal bills usually present one of the most contentious issues between clients and their attorneys.
If you are not careful, you can wake up to a very shocking lump sum bill of legal fees.
This is one of the things on which you need to open lines of communication from the early stage. I usually recommend that you agree from the onset the rate to be used for the lawyer who is handling the matter.
There is a tendency among some lawyers to use higher rates when they are not the ones who are actually handling the matter.
Secure an agreement that clearly shows who is going to be handling your cases. Some people get shocked when they discover that their matter is being billed using a combined rate for two lawyers, when there was no agreement to this effect.
You also need to agree on a billing cycle. Insist on getting fee notes as soon as an attendance has been done. For example, when an appearance to defend has been prepared in an action matter, get your fee note at this stage.
This allows you to be in control of the costs. If you just wait and see, that is when you discover some shocking amounts. The other way to be in control of the costs is to get an itemised bill that shows the amount spent on a matter. This allows you to see exactly what was done and the corresponding charge for the specific attendance.
- Do not be hyper-litigious
There are certain people who really want to be in court every time. Well, my approach is that I want to appear in court only when it is absolutely necessary, and when we have failed to settle a matter. I do not mind being in court, but I advise clients to pursue alternative dispute resolution.
Always ask your lawyers if there are no other legal means through which the matter can be solved. Sometimes you just need to put pride aside and settle cases. Make no mistake, the real winners in the field of law are lawyers. Whether you win or lose, a fee note is still coming.
Lawyers charge on the basis of time spent; this is not related to the result, unless you specifically agree on this aspect.
LEGAL DISCLAIMER: The material contained in this article is set out in good faith for general guidance in the spirit of raising legal awareness on topical interests that affect most people on a daily basis. They are not meant to create an attorney-client relationship or constitute solicitation. No liability can be accepted for loss or expense incurred as a result of relying in particular circumstances on statements made in the article. Laws and regulations are complex and liable to change, and readers should check the current position with the relevant authorities before making personal arrangements.
Arthur Marara is a corporate law attorney practising law in Harare, Zimbabwe. He is also a notary public and conveyancer. He is also passionate about labour law, commercial law, family law and promoting legal awareness and access to justice. He writes in his personal capacity. You can follow him on social media (Facebook Attorney Arthur Marara), or WhatsApp him on +263780055152 or email [email protected]
Online Reporter