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If you’ve ever felt like the Australian legal system is inaccessible, you’re not alone.

There are a number of factors which have contributed to this perception. At the top of the pile is a deep sense of uncertainty about the mystery of the legal system and how it all works. There is also a lack of faith that the people trained to guide clients through the system and represent their best interests can explain each step in a way that makes them feel at ease.

Why do so many lawyers insist on speaking and writing in ‘legalese’ – that verbose language that seems designed to confuse listeners?

At best it’s a lack of awareness of the importance for clients to understand what is taking place, and at worst it is an attempt to create a relationship in which there is a heavy reliance by the client on their lawyer and a relationship of authority or power. Some lawyers appear to have lost sight of the fact that whilst yes, they have a level of knowledge and expertise in the law which their clients don’t, it is the client who is the decision make in the relationship.

 

Fortunately, a growing number of legal practitioners understand the importance of clear, concise communication. The legal industry is waking up to the fact that speaking plain English is one of the keys to a successful, trustful, lawyer-client relationship.

So why does plain English matter?

Some lawyers use legal jargon as a time-saving way to express complicated legal concepts. While this is acceptable in communication between colleagues and peers, let me make it very clear that this is not OK in communication between lawyer and client.

The average Australian doesn’t have, and shouldn’t be expected to have, any legal training. It’s a lawyer’s duty to explain a client’s legal situation to them in an easy to understand manner, ensuring they feel as comfortable as possible in what is typically a highly stressful situation whilst providing the very best legal representation possible.

Plain and simple, clients have a right to understand what’s going on with their own matter.

Unfortunately, some legal practitioners use legalese to heighten urgency or emphasise potential negative outcomes. This often creates a climate in which clients don’t feel confident or comfortable enough to ask questions. This is unacceptable. Just as you should ask questions before making a large purchase or before undergoing medical treatment, so too should clients ask questions of their lawyer if they have any doubts or uncertainties, or simply don’t understand what is being explained to them, and they should keep asking questions until you do understand. In this situation the old adage that ‘There are no stupid questions’ has never been truer.

When a client has a clear understanding of their legal position, they are able to make informed decisions about their matter.

Yes, It’s true that lawyers are hard pressed for time, but this is no excuse for taking shortcuts and not taking the time to explain to a client their situation and options.

A lawyer who doesn’t have the time or the ability to explain a client’s legal affairs to them simply and clearly, is a lawyer which should be avoided. I firmly believe, it takes greater insight to communicate complex ideas clearly, concisely and accurately than it does to use legalese and jargon.

At Bayberry & Weir Legal we consider ourselves to be a new breed of legal representation for the average Australian, and we have a strong focus on giving our clients legal peace of mind through an often stressful time.

We fully understand that many people feel intimidated by the legal system and therefore miss out on valuable legal advice which could significantly improve their commercial or personal legal situations.

Because of this, Bayberry & Weir has a ‘no jargon policy’.

We prioritise a warm, approachable, simple communication style when dealing with all clients. We do this by explaining to clients:

·      The legal process and procedures which are relevant to their matter;

·      How their challenges will be dealt with by the legal system;

·      Potential outcomes;

·      By providing a fixed fee…a fixed amount that they can have certainty will not change; and

·      Free initial consultations.

Also, we travel to our clients or meet them in a location convenient to their home or work.

What’s the payoff for us?

Our way of operating leads to return clients and a high rate of referrals. From a business point of view, it just makes sense.

On top of being very good at what we do, our clients appreciate working with legal professionals who speak to them like a real person and make the law accessible.

Because legal advice in a no-nonsense, plain English kind of way, is the best way.

How curious is your lawyer?

How much time do they spend getting to know you and asking the deep questions?

When you are embarking on something new in connection with your business it can be quite a challenge to work out what it is that you want your lawyer to do.

Particularly if you are setting up a new enterprise, restructuring your existing business or branching off into a new field.

With so many possibilities and potential implications, it may well be the case that what you think your need doesn’t translate well into a legal framework – that’s where the additional information that a curious lawyer will extract can really make a difference.

 

Getting to know you and your business

At Bayberry & Weir, a client centred approach is at the core of everything we do. We are genuinely interested in finding out more about how your business works, what motivations inform your decision making, and what your long-term goals are for your company.

Spending time getting to know our clients –  not just because we believe it’s essential to know the person behind the case, but because understanding all of the details in the first instance always results in a deeper understanding –  is critical for better legal outcomes.

 

The first option may not always be the best.

A typical example of this relates to clients who come to us requesting a partnership agreement. Perhaps they are eager to form a trust or company with friends or family and want some sort of formal agreement in place to legitimise the undertaking.

When we meet with clients in these circumstances, we are always inquisitive as to how they want the day-to-day running of the enterprise to operate; what type of involvement each party will have; and why they feel a partnership agreement would be the most appropriate vehicle to achieve their aims.
Focusing on meeting client needs.

Often, what transpires is that clients would probably be best served by a shareholder agreement or, (in the case of a trust), a unit holder and share holder agreement. These types of legally binding agreements can provide the clarity and protection which is needed, as well as as ensuring every party involved is clear on who does what.

Once in place, business operators are free to devote time and energy to growing their enterprise, without worrying about roles and responsibilities. It is by being curious and giving clients the extra time they need to chat that we are able to pick up vital clues regarding their requirements, which might otherwise be missed.

Bayberry & Weir is a legal firm that’s committed to providing clients with a warm, personalised service, that aims to give them customised solutions that are right for what they want to do.

We value the opportunity to get to know our clients, using the knowledge we have of them and their business, to suggest a tailored legal solution that’s best suited to their unique situation.

It’s stressful enough having legal problems.

What’s even more stressful is not knowing how much it will cost to solve those problems.

To remove clients’ uncertainty about possible hefty legal fees, Bayberry & Weir Legal offer fixed price payments.

This has many advantages for our clients when compared to hourly billing for legal services.

Let’s look at some of them:

1. Certainty and transparency

We provide an upfront quote for the completion of the legal job at hand. The client receives a breakdown of costs, as well as a description of the scope of our legal services. This removes all uncertainty about how much our clients pay.

When you have control over their finances, you can make rational, informed decisions about legal matters. This way clients have one less thing to worry about and can get on with the specific case.

In comparison, the hourly rates charged by big law firms take certainty and power away from clients, leaving you in a vulnerable position – both financially and legally. There is always the risk that clients will run out of money midway through their case and often they become more concerned about spiralling costs rather than the details of their legal affairs.

2. Avoid fee disputes

In the financial year 2016-2017, the Victorian Legal Services Commissioner received more complaints from the public about lawyers’ costs than any other issue. This is a trend that has repeated itself over the course of many years. Fee disputes can be avoided altogether when flat rate pricing structures are in place.

3. Quality not quantity

With hourly billing, there is a major conflict between the client’s interests and those of the lawyer. The lawyer is not motivated to work efficiently because this adversely affects profits. Ultimately, the client receives poor value for money.

Fixed price payments, ensure that the client’s and the lawyer’s interests are in sync. The lawyer has compelling reasons to finish the legal work in a productive and professional manner and this ensures the best legal outcome for the client.

4. Doing what we do best

At Bayberry Weir, we spend our time productively. We focus on solving your legal problems and do not waste time with all the fiddly, time-consuming work that comes with hourly billing. Our flat fee rates mean that we can concentrate on what we do best: providing quality legal services to our clients.

5. Better communication

When clients know they won’t be charged for every minute of our time, communications are greatly improved. In turn, this enables us to handle our clients’ legal work much more efficiently. All round, this builds trust and confidence in the client-lawyer relationship and as a direct consequence, everything runs more smoothly.

We are not like traditional law firms. We focus on our clients’ interests and successes, whether commercial or personal. Our fixed price payment structure ensures we have time to listen to our clients and ultimately find the best legal solutions for them.

Contact us today to find the best legal solution to your legal problems, and set aside any concerns you have about unexpected costs.