To have or have not – Should you have Legal Representation ?

Friday, 11 June 2010 00:00

This follows the recent press announcement that Marco Pierre White’s wife has secured legal representation via  Argent Law who have stepped in to provide representation for Mati White the wife of the celebrity chef Marco Pierre White in their ongoing divorce proceedings.

Mrs White had become a litigant in person having run up large legal fees in the preparation of her case and found herself without any further finances to continue with her legal advisers, this had meant that as she approached the final hearing of her case she was without representation. Argent Law have stepped in to ensure that she has legal representation at the final hearing.

This illustrates an increasingly common problem in matrimonial proceedings whereby parties have to represent themselves through lack of funding to meet solicitors costs. This can inevitably put one party at a disadvantage, particularly in trying to obtain disclosure of financial information and preparing a case for trial. Equally, litigants in person can find themselves at a distinct disadvantage in representing themselves in the court room as they are unfamiliar with the procedures and protocols. While Judges will try and assist the party in ensuring that their case is properly put this is no substitute for legal representation.

Here at Tozers costs are always discussed with the client at the outset of the case. Both client and solicitor should have a reasonable expectation of what the costs are likely to be. It is important that those costs are proportionate to the amount of the financial settlement that the client is likely to secure.

The way in which the case is going to be funded will be carefully explored. Options available to clients include payment by standing order and regular monthly billing. Some clients will need to rely on savings to meet their costs or alternatively will need to realise assets in order to settle their costs. In some cases an application can be made to the court to secure an order that the legal costs are met by the other party notably, this is where there is an imbalance in the parties financial means and resources. In some cases costs will have to be paid at the end of the case when assets are transferred or sold.

Clients who take the collaborative law option will look together at how their respective solicitors costs will be met and often set aside a joint fund to ensure that they are provided for.

Whatever the clients circumstances we will try to find a way of ensuring that the client retains proper legal representation throughout their case.

For more information on Family Law contact Tracy Lambert.