Develop a legal strategy for 2024

WHAT I am mainly seeking to do through this column is to demystify the law and legal practice.

Even if you have dealt with attorneys, you may not fully appreciate what really happens as these experts are not always at liberty to fully disclose how they operate. Since a new year has just started, it is important for you to have a picture of what your legal year looks like. This applies not only to corporates, but to individuals as well.

Below are key points that you should take note of:

1. Retaining a lawyer or firm: In previous articles, I emphasised the need to have a personal lawyer. I need to repeat this: It is very important 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 the past year. 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 with them. Do not be afraid of moving your portfolio from lawyers where your interests are no longer being served.

2. 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 receive copies of all the correspondences your attorneys write on your behalf. The same applies to court pleadings.

Once papers have been prepared and filed, you can always be served with either photocopies or scanned copies. Scanned copies can save you on fees. For photocopying, the attorneys use higher rates compared to your normal charges in town.

These copies allow you to have updates on the state and progress of your matter. There is a tendency by many people to leave everything in the hands of the lawyer. That is a dangerous approach. The case remains effectively yours, and you should be proactive about it as well. There is technology; you can get email updates on the progress of your matter.

3. Be in control of the 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 for the case. Legal bills usually present one of the most contentious areas between clients and their attorneys. If you are not careful, you can wake up to a very shocking lump sum bill of legal fees.

I usually recommend that you agree from the onset the rate to be used for the lawyer 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 with clarity as to who is going to be handling your cases. Some people get shocked when they see that their matter is being billed using a combined rate of two lawyers, when there was no agreement to this effect.

You also need to proceed 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 eventually find some shocking amounts.

The other way of being in control of the figures is to get an itemised bill that speaks to the amount spent on a matter. This allows you to see exactly what was done and the corresponding charge for the specific attendance.

4. Do not be hyperlitigious: There are certain people who really want to be in court every time. Well, my approach to matters is that I only want to appear in court when it is absolutely necessary and only when we have failed to settle a matter. I do not mind being in court. My life revolves around speaking even outside the courtroom. So, a court attendance is another speaking engagement. However, with all this background, I still advise clients to pursue alternative dispute resolution methods.

Always ask your lawyers if there are no other legal means that the matter can be solved, especially through use of extra-curial methods of dispute resolution. 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 on a case. 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 practising attorney, author, human capital trainer, business speaker, thought leader, law lecturer, consultant, legal proctor (University of Zimbabwe), notary public and conveyancer. He is passionate about 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]