Buying Professional Services

Overview

Professional examinations were, for many professionals, undertaken a significant number of years ago.
Have they kept up to date with changes in their particular field?

The aim of this report is to provide guidance in choosing and using lawyers and other professional advisers and to help ensure clients better understand the process and what exactly they are buying.

It seeks to improve the relationship between adviser and client.

The principal difficulty for a buyer is knowing who will provide good services of a kind that they do not understand, for – if they understood the law (or accountancy or whatever services are being bought), they would not need the services in the first place. Therefore, the purchasing decision is often made on “soft” grounds (for example, they like the person). Whilst it is good to work with those with whom a rapport can be built up, most buyers of these services tend to use a range of factors in their decision to purchase.

This report looks at some of the issues that often arise between adviser and client and details the things that go wrong and how to overcome them. It supplies firm practical advice on selecting the best professional service for your needs.

Content

1 INTRODUCTION
Quality of advice
Ability to communicate
The balance of power
The good professionals
Expect the best and negotiate upwards from the worst if necessary
The inadequate client
Action checklist

2 CHOOSING AND APPOINTING THE PROFESSIONAL
Choosing and instructing a professional
5 Golden rules
Rule l: Establish what work you need doing
Rule 2: Consult early
When you need a professional and how to find one
Making the choice
Rule 3: Arrange a pre-instruction meeting
Rule 4: See more than one firm
Appointing a professional
Rule 5: Insist on a letter of engagement from the professional
Conclusion
Checklist

3 PAYING PROFESSIONALS
Fees
Rules regarding estimates
Rule l: Mention fees early on
Rule 2: Get the estimate in writing
Time costs
Rule 3: Ask the firm whether you really need a partner to do the work proposed — a more junior member of the firm may perfectly competently handle it.
Rule 4: Ask whether the individual allocated to the job has done this type of work before – insist on a partner if you wish
Rule 5: Doing a deal quickly can save money
Conclusions

4 SACKING THE PROFESSIONALS
Tupe

APPENDIX
Initial interviews practice note – 15 May 2008
1 Introduction
2 Basis upon which initial interviews are conducted
3 Initial information obtained from the client
4 Initial information given to the client
5 Non face-to-face interviews
6 Confidentiality
7 The interview – main areas to cover
8 Terminating the retainer
9 Follow-up after the interview
10 Records
Further information

The author

Susan Singleton is a solicitor with her own firm, Singletons, and specialises in competition law, IP law, IT/e-commerce and general commercial law, and is listed by Chambers Legal Directory as one of the UK’s leading IT lawyers. She is the author of over 30 books on topics such as Internet and e-commerce law, data protection law and intellectual property.