WHAT IS FIXED FEE PRICING?
Bowen Buchbinder Vilensky (“BBV”) is the first significant law
firm in Perth to adopt fixed fee pricing. In so doing, we are helping shape the
future of the legal profession into one that is more client focused, efficient and
outcome orientated.
Unlike most law firms, we do not bill by the hour. Our experience has taught us
that clients of law firms dislike the hourly rates regime which most lawyers still
use. Instead, they prefer the certainty of fixed fees which is fairer and promotes
efficiency and effectiveness.
When law firms bill by the hour all of the risk is with the client. With fixed fee
pricing, the risk is shared between the law firm and the client. For these reasons
we work on fixed fees agreed up front with our clients in advance of the work being
done.
The fixed fee is not an estimate, and there are no hidden charges. The fixed fee
also includes all incidental expenses such as telephone calls, postage charges,
printing and copying. With fixed fee pricing our clients are not inhibited from
seeking timely legal advice by the fear of a meter running endlessly. Fixed fee
pricing, as opposed to hourly rates, offers our clients the accumulated wisdom of
the firm through lawyers with substantial experience across a range of practice
areas.
ADVANTAGES OF FIXED FEE PRICING
One of the greatest concerns for clients seeking legal advice is the costs of doing
so. Clients love the certainty of fixed fee pricing and knowing that the account
they will receive is not a mystery so that they effectively write a “blank cheque”
for fees, which is what generally happens when law firms charge by the hour.
Within many law firms there is a strong, and in our view unhelpful, focus on the
amount of time spent on a particular matter due to the inefficiencies of a time
billing system.
There is little incentive for lawyers to be efficient when they are financially
rewarded for the length of time taken to complete a task. If anything, charging
by the hour promotes inefficiency and not outcomes.
Improved communication and efficiencies
Fixed fees improve communication because our clients are not hesitant to call us
when they have important questions about a particular course of action. No-one likes
to be charged separately for every phone call and email communication they have
with their lawyer.
Fixed fees also encourage efficiency. Billing by the hour in fact can encourage
inefficiency because when billing by the hour there is no incentive to complete
work efficiently. In fact, it is commonly known that billing by the hour is a major
disincentive to efficiency and effective work. Fixed fees encourage us to put systems
in place to complete the work as efficiently as possible but without compromising
effectiveness when representing our clients’ interests.
Greater certainty and peace of mind
After you meet with a lawyer from our firm, you are provided with a no obligation
fixed fee proposal. Once accepted, you know exactly what charges to expect, and
importantly, when you need to pay those charges so you can budget accordingly. Having
achieved peace of mind about the fees at the outset, you and your BBV lawyer can
focus on what really matters which is getting the best legal outcome.
At BBV we believe that what we sell is intellectual capital not time. We believe
that knowledge is not defined so much by quantity as it is by quality and results.
Having fixed the price in advance, our only focus is to deliver for our clients
the best possible outcome where you don’t pay for the hours we spend but for the
outcomes we deliver.
Fees which fairly match each matter
Not all legal matters are the same. The requirements of an organisation wishing
to have a routine employment contract drafted, for example, are very different from
those of a company facing an urgent court injunction requiring swift action and
an altogether higher order of complexity.
When lawyers are paid on an hourly rate, no distinction is made between the very
different matters they handle and inequities in fee levels can often work against
clients requiring relatively straightforward work. The fixed fee method which BBV
adopts provides a fairer basis for charging, matching fee levels to the requirements
of each individual case.
Access to a wider pool of legal talent
BBV only assigns a fixed fee to each case after it has been discussed by a Value
Pricing Committee comprising at least four lawyers from the firm. It is the function
of this committee to understand the requirements of each case, to discuss strategy
and to share relevant experience.
It is not typical for lawyers to consult widely with their colleagues especially
in the very early stages of a case. But at BBV we have discovered that this consultation
process yields very significant benefits for many of our clients which is a welcome
consequence of our fixed fee pricing model. And better still for our clients, there
is no additional cost involved to our clients in such an exercise.
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