VIC Vexatious and litigious ex
- Thread starter Dpj
- Start date
You ask for an itemised bill. You'll get one. They'll charge you for that too. It isn't like the shops... Excuse me, I think you've over charged me by $5..... "oops" says the checkout chick "my mistake".
I think you're head is well screwed on. For the important stuff, I used solicitors. I made a few mistakes along the way. One was paying to sit in a solicitors office with a solicitor for 5 hours while we did mediation on the phone. The ex had legal aid, but I was paying the solicitor the usual hourly rate. Nothing came of it, complete waste of $$.
Stuff where I dealt with it myself was when we had final consent orders and she then started having various solicitors writing to me. They were mostly from woman's legal aid / DV / community legal services, but also one or two solicitors that she actually had to pay. But I wrote back myself.
I also decided that I'd do any breaches myself. Fortunately that never eventuated...
So short version is yup there are ways to save coin. This site is a good one to get questions answered without having to pay a solicitor in 6 minute intervals.
I think you're head is well screwed on. For the important stuff, I used solicitors. I made a few mistakes along the way. One was paying to sit in a solicitors office with a solicitor for 5 hours while we did mediation on the phone. The ex had legal aid, but I was paying the solicitor the usual hourly rate. Nothing came of it, complete waste of $$.
Stuff where I dealt with it myself was when we had final consent orders and she then started having various solicitors writing to me. They were mostly from woman's legal aid / DV / community legal services, but also one or two solicitors that she actually had to pay. But I wrote back myself.
I also decided that I'd do any breaches myself. Fortunately that never eventuated...
So short version is yup there are ways to save coin. This site is a good one to get questions answered without having to pay a solicitor in 6 minute intervals.
Not always and automatically. Lump sum bills are acceptable.
The duty is to comply with a request from the client for an itemised bill.
The breach is to fail to provide one upon that request.
(and yes, these days with technology, many lawyers provide itemised billing as a matter of routine).
I do quite a lot of "all work" billing - and quite a lot of hourly billing too.
Some work lends itself to lump sum billing (aka "fixed fee" or "all work" billing).
Why, for example, would I bill by the hour for a residential conveyance?
Or for the "Elder Law Box Set" (Will, Power of Attorney, and Enduring Guardian)?
Or when acting as an independent Board Chair?
I do quite a bit of ADR, and that work is often fixed-fee.
I think my lawyer, as an acqaintence has done me an ok deal. $13.5k + Gst for a hearing (afidavit, etc) plus a bunch of phonecalls and letters. I wont ask for itemised bill this time as it may breach the 'trust factor'. Ill just give him the jugular feedback and feedback about not showing pre hearing i could keep the house.
Cheers
Cheers
yup - like I said and like Atticus and Tim have been nice enough to show. Ask for an itemised bill and you'll get one. They will charge you for providing it and then will provide you with a glossary of terms that includes words like 'can', 'could' and 'should'. Then charge you for the glossary of terms because in lawyer land these terms mean something different to the common understanding.
Mate if you have confidence in the solicitor as far as costs go, stick with him and let the itemised bills go. Not to save money becaue of the 'trust factor'. By way of comparision, you wouldn't have a problem asking your dentist, mechanic or check out chick at coles for an itemised bill?. At any rate much cheaper than having to start again and get a new solicitor up to speed (at your expense). So I agree let the itemised bill go.
Jugular - Remember, solicitor takes instruction from the client. I reckon that is solicitor speak for 'all care but no responsibility'. But you won't find the word care in their glossary for obvious reasons. (oh i am funny)
If you want solicitor to press harder then ask for that. But while you're there be prepared to listen to their rationale for going easy. Mate, you and solicitor have a better grasp of what is going on here than anyone at this end of the internet. But, be prepared to consider solicitor's rationale. WHY? good question. Well, while you and your solicitor have a better grasp of the situation than us punters at this end, your solicitor, UNLIKE YOU, isn't emotionally caught up in this bs. Emotions sometimes cloud judgement.
Mate if you have confidence in the solicitor as far as costs go, stick with him and let the itemised bills go. Not to save money becaue of the 'trust factor'. By way of comparision, you wouldn't have a problem asking your dentist, mechanic or check out chick at coles for an itemised bill?. At any rate much cheaper than having to start again and get a new solicitor up to speed (at your expense). So I agree let the itemised bill go.
Jugular - Remember, solicitor takes instruction from the client. I reckon that is solicitor speak for 'all care but no responsibility'. But you won't find the word care in their glossary for obvious reasons. (oh i am funny)
If you want solicitor to press harder then ask for that. But while you're there be prepared to listen to their rationale for going easy. Mate, you and solicitor have a better grasp of what is going on here than anyone at this end of the internet. But, be prepared to consider solicitor's rationale. WHY? good question. Well, while you and your solicitor have a better grasp of the situation than us punters at this end, your solicitor, UNLIKE YOU, isn't emotionally caught up in this bs. Emotions sometimes cloud judgement.
Im pretty certain i can't use subpoeoned info from a civil case in my child custody arrangements (or property settlement) but am wondering if in my fvo case, i talk about the subpoenaed info whether i can use the transcripts from that case? Are transcripts even written in the magistrates court? Or have i been watching too much tv?
The reason is that if her psychs think, or the family report psych determines, she has traits of BPD, then it can have an effect on kids and finances. Finances because her 'risky behavour', one of 9 traits, is spending money frivolously and i will suggest a settlement of a substantive amount to her is at risk of loss/waste. This and the fact corona could sent her bust due to troublesome leases (10 years to go one one) to which she has personal g'tees.
Im schooling myself up madly on case law (rather than via reading legislation) re these questions.
I know im probably asking tough questions. Tell me to buzz of it need be but all this help on this thread has been an absolute godsend. Both legally and practically wise.
I hope this thread also helps future fathers and can be point of reference.
The reason is that if her psychs think, or the family report psych determines, she has traits of BPD, then it can have an effect on kids and finances. Finances because her 'risky behavour', one of 9 traits, is spending money frivolously and i will suggest a settlement of a substantive amount to her is at risk of loss/waste. This and the fact corona could sent her bust due to troublesome leases (10 years to go one one) to which she has personal g'tees.
Im schooling myself up madly on case law (rather than via reading legislation) re these questions.
I know im probably asking tough questions. Tell me to buzz of it need be but all this help on this thread has been an absolute godsend. Both legally and practically wise.
I hope this thread also helps future fathers and can be point of reference.
Agreed. Your first post on this thread changed the course of my emotions. My emotions are now almost, not fully, out of this now. I listen to my lawyer, definitely, thats what im paying him for. But im also switch on enough to challenge him or at least ask intelligent questions.
Not sure what you keep quoting me for? The above is exactly what I wrote if you go back & read
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