How We Work
Before we start any work on your behalf, we provide you with a Costs Agreement which sets out the estimated costs of our legal services and explains how fees are calculated in your matter.
In Australia, there are generally two ways that lawyers charge for work: Fixed Fee or Hourly. Regardless of the method of calculating your costs, lawyers in Tasmania are required to document their estimate to you in a Costs or Fee Agreement where they expect your costs to be more than $1,500 (ex. GST).
We provide more information on fees and payment terms below.
How Fees are Calculated
Fixed Fees are usually only offered to clients where it is easy to anticipate how much time a lawyer will spend on your matter. This may be for drafting a straightforward Will, reviewing a standard retail lease or assisting with the purchase or sale of your home. Some clients may require less work, and some may require more work, but the lawyer absorbs the additional work at no cost to the client to provide certainty around costs.
Advocate Lawyers offer fixed fees for the following matters:
- Drafting of Wills, Power of Attorney and Enduring Guardianship documents;
- Family Law Consent Orders & Binding Financial Agreements;
- Simple Debt Collection in the Magistrates Court of Tasmania; and
- Conveyancing.
We are willing to negotiate a fixed fee based on your circumstances if you have a matter which is outside of the above areas but is limited in the work required. This may be for advice on an isolated incident related to your small business or the review of a contract. Contact us on (03) 6204 9000 to discuss your circumstances.
For work where it is difficult to estimate the amount of time that might be needed, such as where the length of the matter depends on negotiation with another party or where the lawyer is required to attend court, clients are usually charged an hourly rate.
Lawyers’ rates vary depending on their experience and the size (and cost) of running their practice. Lawyers hourly rate will generally start at a low rate for a graduate with little or no practical experience, and increase with experience. Graduate lawyers may have a lower rate but they generally take longer to do work than more experienced lawyers. Lawyers fees vary greatly for this reason, it depends on how experienced your lawyer is as to how much they will charge and how long it takes them to do the work.
So, when you are on an hourly rate, how does it work? In order to charge you only for the time spent on your matter, lawyers bill in units of 6 minutes (an hour split into 10 units). For example, if a lawyer spends 10 minutes speaking to you, then you are charged for 2 units, or 12 minutes. The reason for this system of billing is to account for the time that the lawyer may not be speaking with you but continues to deal with your matter i.e. where they record a note of your conversation or file away paperwork.
If you are charged at an hourly rate and the lawyer expects the fees to amount to more than $1,500 (ex. GST) then you will be provided with a Costs Agreement/Estimate which will outline the expected costs of your matter.
At Advocate Lawyers, we will do our best to estimate your costs before you decide to engage us. Where possible we will create a fixed fee option so that you can be sure of costs.
Where you are charged an hourly rate for our services, we ensure that you are invoiced monthly or after every court appearance so that you can keep track of your costs.
Often the amount of work anticipated for longer matters, such as disputed family court proceedings, will change along the way. For example, court proceedings may settle, you may be ordered to take additional steps, or your matter may become more complicated and require more affidavits to be drafted. We will review and update our costs estimates where this occurs to ensure that you always have a solid understanding of the costs involved.
Fixed Fee Packages
Fixed Fee Divorce
- We offer fixed fees for assisting clients with applications for divorce. Our fixed professional fee for assisting clients with a straightforward divorce is $950 (incl. GST) plus disbursements (including the court filing fee which is currently $1,100 unless you hold a concession card or qualify for a reduction due to hardship). Additional fees may apply where we are required to do additional work for a more complicated application. More information regarding fees and disbursements are available by clicking on the link above.
- Open and transparent breakdown of all disbursements (i.e. council certificates, rates, water, land tax & title searches etc). Disbursements in addition to our fee will generally be around $900-$1,250. This estimate includes the government fee for lodging the transfer of land with Land Titles Office ($244.97) and an estimate of PEXA fees (i.e. if digital settlement).
- Professional advice on all property transactions.
- We can look after your off-the-plan and commercial transactions – costs may vary. Contact us for a quote.
- Stamp Duty is payable on purchases of property in Tasmania. You can calculate stamp duty on the State Revenue Office of Tasmania website HERE.
Read more about our conveyancing services here.
- Open and transparent breakdown of all disbursements (i.e. government fees, required certificates etc). Total disbursements in addition to our fee will generally be between $200 and $500. The higher estimate includes the government fee for discharge of mortgage ($198.22) and an estimate of PEXA fees (i.e. if digital settlement).
- Professional advice on all property transactions.
- Off-the-plan and commercial transactions – costs may vary. Contact us for a quote.
Read more about our conveyancing services here.
Read more about our wills and estate planning services here.
Read more about our wills and estate planning services here.
Read more about power of attorney and enduring guardianship here.
Payment and Finance Options
We assist clients to cover their legal costs by accepting the following payment methods:
- Pay using Visa, MasterCard, American Express, and JCB
- EFT Payments
- BPAY Payments
- Direct Debit Instalment Plans
Where you are involved in ongoing proceedings, such as family law proceedings, we have direct debt facilities available so that you can pay a weekly or fortnightly amount into our trust account. Any money in our trust account cannot be touched until we have provided you with an invoice. This allows you to pay your invoices slowly rather than trying to a larger amount when invoiced.
Advocate Lawyers clients may in some circumstances be eligible to apply for litigation financing through an accredited lender. This is an option that provides a way for individuals and businesses to fund their legal cases without having to pay upfront, thereby supporting those who may not otherwise have the financial means to pursue legal action. For more details call now to book an appointment with a lawyer.
