Who is paying you?

One of the issues that can arise is whether it is the lawyers or their clients who are responsible for the fees. Clear terms of engagement should clarify the issue.  One firm of solicitors instructed:

“Invoices should be submitted on a monthly basis.  We will include your invoices in our monthly invoices to our client and will pay you when payment has been received from them.”

The member was concerned that they would be exposed to considerable losses if the client did not pay. ITIC suggested they add wording that the solicitors would inform the expert if any of their monthly invoices were outstanding and that the expert had the right to decline to perform further tasks if payment was not received. This was (reluctantly) accepted by the solicitors.

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