Thursday, January 20, 2011

Engage a lawyer

Some consumers receive a shock when they get a bill from a lawyer for the legal or litigation work. The fees are exorbitant and way above what the consumer expected. Here are a few tips on how to avoid this dilemma.


8 comments:

Tan Choon Hong said...

According to the Singapore Academy of Law website, lawyers here are not allowed to charge the contingent fee method (also called "no win no fee" in the UK).

In addition, the losing side has to pick up the tab from the winner and this can be onerous if the opponent throws in an Senior Counsel or two. Ostensibly this is to prevent "frivolous" suits from clotting up the courts, but in effect bars the less well-off from seeking justice, especially against large corporations like hospitals, financial institutions and government departments.

Unless the wrong is very clear cut, like taking out the left kidney instead of the right, there are countless escape-hatches and points for subjective interpretation woven into law which lean towards the rich and powerful. Just a layman's view.

Tan Kin Lian said...

I know of some lawyers who are prepared to waive the legal fees under certain circumstances, to help the consumers to seek justice through the legal system. I am told by some senior lawyers that there are strong cases for the contingency fee system to be introduced in Singapore. We also have to review the practice of charging the legal fees of the other party to the loser of a suit, espcially if the other party brings in expensive lawyers.

yujuan said...

There is no justice in the legal system in Singapore. Don't believe in them, as you could see before our eyes, the rich and powerful reign supreme, be it the Financial Institutions, the large Business Corporations, or the Govt Agencies.
Look at the way SLA and LTA aquire the properties to build the East/South Expressway, the Marymount Convent premises are affected, but not the nextdoor HUDC
apartments. You call that Justice.
MM Lee once said in the aquisition of the Bishan cemetery grounds that
the Living is more important than the dead. Today the proposed aquisition is distress to the still living and worse of all, the Catholic community which regards the Marymount Convent premises as a
sacred religious ground. As Catholics, we are extremely angry
at this callous and cold treatment
by this Govt. There is no regard for our religious feelings and sensibilities. First rules on Thaipusam, now this, what's next.
On this religious aspect, the Law is even Supreme, and you call this justice.

Unknown said...

yes, i once asked a big brand lawyer to draft a WILL. They send me a draft with other people name still in it and quote a 6000 fee. i went to the suburban based lawyer and get it done by 400.

tan wa lau

yujuan said...

I got it much cheaper from my own decades old lawyer for $150.
The difference is so fantastically absurd.
Big brand lawyers are only for big brand companies and people, and of course for big brand politicians.
Still fuming over the Marymount convent matter.

Tan Choon Hong said...

"The law is an ass!" ranted Mr Bumble in Charles Dicken's Oliver Twist. Even lawyers like to quote this phrase when joking about asinine points of law.

I think the rule of saddling the loser with the winner's legal costs plus court fees is the biggest deterrent to the administration of justice for the common man. Even if the plaintiff can afford his own legal fees, he cannot predict the weight of defence that will be lined up against him. The mere sight of the defendant's reply on a prominent law firm's letterhead, complete with a list of Senior or Queen's Counsels is enough to strike terror into the suing party. Discretion might be the better part of valour, and only those with deep pockets dare proceed further.

Vincent Sear said...

Contingency fee system only works in civil suits involving monetary damages. In US where it's most widely practised, the "commission" for winning is one-third of the damages awarded to the lawyer.

It's advantage has already been widely noted, i.e. allowing the small men in streets bullied by rich men or big companies access to legal recourse. Furthermore, the lawyer would make sure that the case is worth contesting before litigating, otherwise he'd end up with nothing for his time.

In the Singapore system, most lawyers would just take any case as billable hours, whether there's a realistic chance of winning or not, since there's nothing to lose. There's no legal aid for civil cases in Singapore. There's only CLAS (Criminal Legal Aid Service) with means testing at as low as S$900 p.m. income.

In UK, where there's also no contingency fee system like in US, legal aid covers civil cases too.

Gopinath Govindaraj said...

Hi all,

Can anyone pls give a lawyer's contact who quotes modest or cheap in Singapore. One of my friend is great trouble. She's from a middle class and needs to file a civil case against her ex-husband harassing her on money disputes while they were together (Actually he wants her to pay all his bank loans while they were together). Currently she got her interim judgement for her divorce.

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