What happens if I run out of money during my court case?
- Introduction
- What do I have to pay for?
- How does it work if I have a solicitor?
- How long will I keep having to pay?
- So what happens if I run out of money during my court case?
- How do I ensure I don’t run out of money during my court case?
- What can I do to keep my legal costs down?
- Conclusion
Introduction
Going to court can be expensive.
Aside from your `free half hour‘ with a solicitor before they take on your case and there being no fee for Non Molestation Order applications you’re paying for everything. Legal aid is rare nowadays (to gain it you need to meet both financial criteria and also demonstrating you’ve suffered injuries consistent with those incurred during domestic abuse, admission to a shelter, etc.)
If you are facing a court case you need to consider if you are going to be able to fund everything during a court case. This blog post is going to tell you what you’re paying for, what happens if you run out of cash during proceedings and what you can do if that happens.
What do I have to pay for?
The short answer is `just about everything’.
You’re paying for:
- Mediation (although it is still cheaper than going to court).
- Court fees for any application you make (aside from Non Molestation Applications that I’ve already mentioned).
- Your solicitor’s bill (or someone like our’s) for helping you.
- The cost of reports by experts during your case (which can be substance abuse testing, psychologists, actuaries, counsellors and others).
- Costs of contact centres (if it’s for children and you’re the one paying).
- Your ex’s legal fees (if the court orders it).
This doesn’t include incidental costs such as:
- The costs of getting to a hearing including petrol, fares, parking, food, accommodation.
- Earnings lost by spending time (or having to book time off from work) in court or meetings with legal experts.
- Earnings lost by you not being at the top of your game.
- Court attire (if you want to look smart).
How does it work if I have a solicitor?
If you have a solicitor they’ll charge an hourly rate. Typically you’ll pay them in 6 minute increments (i.e. a 10th of an hour). Costs are typically around £250+VAT an hour. And it’s worth remembering that a large legal conference attended by Michaela Wade of Family Law Assistance recently it was agreed that legal costs of £58,000 weren’t `disproportionate’. To engage most solicitors you’ll need to put money on account before they’ll start working on your case (something like £750+VAT is typical) and you’ll need to make sure that balance is restored each month. You may have to pay more money up front if you have a hearing coming up too. If you hire a barrister (who you can have alongside you with (or instead of) a solicitor expect a fee of around £1,500+VAT per day for them to be with you.
That 5-minute chat with your solicitor? You’re going to be paying for a minimum 6-minute increment (so that’s £25+VAT – £30 if their hourly rate is £250+VAT). Send them an email or ask them to go through the paperwork? They’re going to charge you to take the time to peruse or consider. It’s going to cost you for them to fill forms out, write letters, emails, go through reports and everything else. A court hearing scheduled for an hour will cost you at least £250+VAT (if the hearing goes to time…they never do, by the way so keep your eye on the clock when you’ve been in court for 4 hours and now have a legal bill of £1000+VAT) and any additional expenses on top of that.
At the end of every month you will receive a statement detailing all the work done for you, with the time duration and the cost of each item. You’ll probably be shocked how much it mounts up to.
How long will I keep having to pay?
Many people seem to be under the illusion that their case can be concluded at the very first hearing. That is technically possible, but it’s pretty much unheard of. Once someone puts an application in the court takes over – a judge can decide that another hearing will need to take place even if both parties ask for the case to be concluded there and then.
A case involving children is typically around 18 months. Finance cases can be around the same but it’s not uncommon for them to drag on.
The length – along with the case – can vary dramatically depending on factors, particularly the conduct of the parties concerned. The more awkward you and/or your ex are, the more it’s going to cost.
During that time you will need to continue paying to keep things going. If you can’t or won’t, things can grind to halt.
So what happens if I run out of money during my court case?
Various things can happen. I’ve seen the following happen over the years when litigants run out of money:
- Contact not taking place between a parent and a child because they can’t afford the fees.
- Litigants going to court alone and without paperwork because their legal representative doesn’t offer credit.
- Legal representatives offering credit, leaving the litigant to pay the debt off in instalments.
- Legal representatives retaining legal paperwork until the litigant has paid their debt off (it’s called a `lien’).
- Cases held up because litigants can’t afford a report, etc. ordered by the court.
- Looking for free resources to help them represent themselves.
Being in this situation can lead to people `settling’ for outcomes despite knowing they have a strong case.
Sadly. grinding down the other party financially is a thing and can be used as a tactic to achieve a result based not-so-much on merit but more as a result of seeing who has the deeper pockets. Ask yourself – am I able to do whatever it takes or pay whatever it takes until the end even though I don’t know what is going to happen?
If there is a chance you are going to run ouf of money during your case you really need to read the next section.
How do I ensure I don’t run out of money during my court case?
The best time to plan how you are going to finance your court case is before it starts. The second best time is now.
People typically underestimate what it is going to cost. As a simple rule-of-thumb calculate what you think it’s going to cost you and double it. I’m not being flippant here. Ask yourself what your Plan B is if you aren’t able to pay your legal fees are. It’s a daunting prospect, I know – but something that can probably be avoided.
It’s tempting to feel that using a solicitor is doing it `properly’ and besides, they are going to shield you from a lot of the difficult, unpleasant and uncomfortable aspects of going through a court case. But it will cost you.
What can I do to keep my legal costs down?
There are options. You can use a solicitor of course to do the whole lot.
An alternative is to represent yourself in part or entirely.
There are many resources out there (like this blog and website) as well as forums and chat groups that can provide helpful (but also sadly unhelpful) advice to help you learn and know what to do. It’s possible for someone like us to help you with the odd Zoom chat or more including paperwork and form filling as well as going to court with you.
There are a large number of McKenzie Friends and Family Law specialists who vary dramatically in what they do, how they do it and what they charge (there are a vanishingly small number of free ones out there but they tend to be much more restricted in the services they offer). Some are `one man bands’ who use a notebook and a mobile phone. Others have an in
It’s possible to do the paperwork yourself and/or with our assistance and the hiring a direct access barrister for the day: Many barristers only accept referrals from instructing solicitors meaning that if you want them to represent them you will need to use the solicitor too. A direct access barrister is one you can go to directly however. Doing this can keep the costs down considerably outside the court itself (although it is still going to be a 4-figure fee to pay for that).
Conclusion
The take homes from the blog post are this:
- If you have a case running at the moment can you keep paying as things stand?
- If you are liable to go to court budget for a legal representative for at least 2 years to be on the (reasonably) safe side.
- Consider representing yourself, possibly with the help of a McKenzie Friend/Family Law specialist and/or direct access barrister.
Court cases can be stressful (as well as expensive). It’s entirely possibly to drop your legal team during a case and start representing yourself but it is usually an entirely avoidable additional situation to have to deal with. If you can avoid getting into this situation you should absolutely do so because at the end of the day it is one additional hassle you don’t need during this difficult stage in your life.
