QLD What is considered as 'formally engaged' with a lawyer

[Alex_W321]

Hi All
I am in the process of getting my Will done, I called a few local firms to ask about processes costs.
One provided a list of costs and a questionnaire for me to fill in, I filled and returned the questionnaire and asked to confirm the price based on my situation and asked some questions. They replied with 'thank you for giving instructions we will proceed with preparing your will now'. I called back and said 'I haven't given you instructions yet, I am just trying to figure out what the cost is and need to ask some questions'. They provided a fix cost and offered to include a short phone call in the price, subsequently, I talked to a lawyer on the phone and asked some questions. The ball is back to my court to get back to them about what I wanted to do with some specifics in the Will.
After doing some more reading and talking with a few different firms, I decided to engage someone else's service to draft the Will.
My question is, was I considered to have formally engaged the first lawyer and am I liable for a consultation fee now that I am not proceeding with them? I have not signed any client agreement, but not sure by supplying answers in a questionnaire and talking with them on the phone would imply that I have agreed to a consultation cost (that was never given and discussed in the first place)?

 

[perjury]

Generally you formally engage lawyer by signing a Costs Agreement which has Terms of business attached.
With wills, if it is your own will, you must have a face to face interview so the lawyer can assess your identity, your testamentary capacity (mental/cognitive health), and testamentary competence (understanding of the will), the last being the substantial provision of legal advice.
The need for the interview is based on the legal professional liability insurance requirements.
The Agreement also provides list of costs, while I suspect your questionnaire was in lieu of the interview.
If you didn't sign anything, the interaction is not binding in my opinion, which is not legal advice.
You must be very careful with giving instructions, and that they are very exactly reflected in the will.
You would be wise to have a clause inserted that in the opinion of the solicitor executing (signing) the completed instrument that you were of "a free and sound mind" when giving instructions.

 

[Rod]

You may be liable for some costs.