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Quoting legal work as a fixed fee where the work is predictable

  • 4 days ago
  • 3 min read

Introduction


Clients want to know what something will cost. Hourly billing cannot tell them, which is why open-ended estimates are the most common source of complaint about legal fees — not the amount, but the uncertainty and the bill that arrived larger than the conversation suggested.

Fixed fees answer that, and they only work where the work is genuinely predictable. Conveyancing, a straightforward will, a standard commercial document, an uncontested probate: these have a known shape. A contested matter, litigation, or anything dependent on how the other side behaves does not.

Getting this right means fixing what can be fixed and being honest about what cannot.

Costs information and client care requirements differ by jurisdiction. Nothing here is regulatory guidance — check your own regulator's rules on quoting and disclosure.


1. Quoting legal work as a fixed fee starts with recognising predictable work


Match the model to the matter.


Fix the fee on standard, self-contained matters


Wills, conveyancing, powers of attorney, standard agreements, uncontested probate. The steps are known and the variance is small. Price them from your own recorded time.


Never fix a fee on a contested matter


Anything where the other party controls the pace and volume of work cannot be priced firmly. Say so plainly. Clients respect the honesty and distrust false certainty.


2. Build tiers by complexity


A single fixed fee misprices the difficult cases.


Offer two or three clearly defined levels


A simple will and one involving trusts, foreign assets or a business are different products. Name the distinction rather than absorbing it. Two tiers is usually enough.


Say what moves a matter up a tier


The specific factors, listed. Clients accept a higher tier when they can see why it applies to them. Put the list in the engagement letter.


3. Define the scope tightly and in writing


Fixed fees fail through scope, not through pricing.


List what is included and what is not


Number of meetings, correspondence, searches, disbursements, third-party costs. Disbursements in particular should be separated. Clients treat them as your fee otherwise.


State what happens if the matter changes


A named trigger and a stated additional fee. Discovered mid-matter without warning, it becomes a complaint. Raise it the day the scope shifts.


4. Track actual time against the fixed fee


This is how the model stays profitable.


Record time even on fixed-fee work


Not to bill it, but to know whether the fee is right. Practices that stop recording lose the ability to price. Six minutes per entry is enough.


Review the fee annually against the data


If conveyancing consistently takes half again what the fee assumed, the fee is wrong rather than the work. Adjust it rather than absorbing the difference.


5. Use staged payments


Fixed does not mean at the end.


Bill in stages tied to milestones


On instruction, at a defined point, on completion. It smooths cash flow and reduces the final invoice shock. Say the schedule at the outset.


Take money on account for disbursements


Searches and third-party costs should not sit on your ledger. Request them before incurring them.


Conclusion


Fix fees where the work is genuinely predictable — wills, conveyancing, standard agreements, uncontested probate — and never on a matter where the other side controls the volume of work. Say plainly which you are dealing with.

Build two or three complexity tiers and list the specific factors that move a matter up, then define the scope tightly in writing including meetings, correspondence and disbursements, with a named trigger and a stated fee for changes. Keep recording time even on fixed-fee work, because that is the only way to know whether the fee is right, and review it annually against the data. Bill in stages tied to milestones and take disbursements on account. Check your own regulator's costs rules before changing anything.


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