Solicitor Agent – Cost Effective Representation

Posted on 15 November 2008 by Phang Legal | Email us

Attention all fellow lawyers and self-represented litigants

If you need representation in court, consider the practical and cost effective solution of appointing a ‘solicitor agent’. A solicitor agent who is local to the court in question can represent you and/or your clients competently at an affordable rate, saving your valuable resources of time and money.

If you are a lawyer who is required to appear in a court which is not within your local area, what do you do? Here are some solutions…

You could… chose to not appear!

As most lawyers would know, this is probably the most risky solution for a client – and may in fact be no solution at all. Parties who do not appear in court when they are required face the possibility of the court making a decision in their absence, and result in consequences that are far beyond what the party may be prepared to accept. A word of advice on this solution – “Think carefully, advise properly, and ensure to insure.”

You could… appear in court yourself

Travelling in the Sydney metropolitan area is a problem. Unreliable public transport, increasing fuel costs and poor road infrastructure means that the cost of travelling is either a substantial burden to your bottom line or an undesirable cost to your client. Aside from the actual cost of travelling, what about the time taken? Time is money, so do you charge for travelling time? Some lawyers do and there is nothing wrong with that solution provided the client is willing to pay. But if they are not, then consider other alternatives.

You could… use technology

Technology is a cost effective solution. Geography is no longer a barrier with current technology. Telecommunications and information technology, especially the internet and the mobile office, allows lawyers to service clients who are not within their local areas, and appear in courts without travelling to them. However, when it comes to court appearances, personal appearance is always preferred over anything that technology can offer. Although solutions such as telephone or video conferencing are convenient, they can be distant and lack the personal interaction that is often very important in appearing in court. Being present in court to assess the ‘vibe’ is often the difference between a well argued case and an unhappy client.

You could… engage a Solicitor Agent

Ultimately, if you want competent representation in a court, without having to travel to that court, consider engaging a solicitor agent. Normally, solicitor agents are lawyers with offices or who practice in an area that is local to the court in question. Being local means that:

  • they may have lower travelling costs, or not charge for travelling at all
  • they may charge a fixed fee for their appearance instead of an hourly rate
  • they may be familiar with and know the court, court staff, and court processes
  • they may know the judicial officer

The first two points can be tangible cost savings for your client, but the second two points are intangible benefits that come from the personal interaction between the solicitor agent and the professional environment. While they are intangible, the ‘human’ side of law is very real and has an enormous influence on whether you can achieve the desired result or not.

If you weigh the cost of transport and the cost of time in travelling to and from a court that is not within your local area, you will find that in more cases than not, a solicitor agent who is local to the court in question will offer you and your client the most cost effective solution available.

Achieving results and lowering costs is paramount to having a happy client – with a solicitor agent, your job just became a whole lot easier.

Example of a solicitor agent

Our experienced solicitor agents provide fixed fee agency services and appear in all Parramatta courts. If you require the services of a solicitor agent, call us today for a very competitive quote on our fixed fee agency services.

A personal invitation

Ern Phang

Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings.

With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers, irrespective of whether you are big or small, based in Australia or overseas. My team's dedication to service and results means you will enjoy confidence and peace of mind while we look after your best interests, as well as that of your family and your business.

If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.

I look forward to being of service.

Ern Phang
Director

This content is not intended to be legal advice and you should not rely upon it as legal advice without consulting our lawyers for professional legal advice specific to your situation.

Boost to First Home Owners Grant

Posted on 14 October 2008 by Phang Legal | Email us

First Home Owners Benefits

The Federal Government recently announced a boost to the First Home Owners Grant for new and established homes. First home buyers exchange contracts between 14 October 2008 and 30 June 2009 will receive $21,000 for a newly built home and $14,000 for an existing home. Eligibility requirements remain unchanged.

Please contact us for more information regarding our conveyancing services. Our experienced property solicitors are ready to assist you with buying or selling your property, other associated property dealings, and ownership issues.

A personal invitation

Ern Phang

Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings.

With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers, irrespective of whether you are big or small, based in Australia or overseas. My team's dedication to service and results means you will enjoy confidence and peace of mind while we look after your best interests, as well as that of your family and your business.

If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.

I look forward to being of service.

Ern Phang
Director

This content is not intended to be legal advice and you should not rely upon it as legal advice without consulting our lawyers for professional legal advice specific to your situation.

Selling Property – Part 1 – Contract for Sale of Land

Posted on 6 September 2008 by Phang Legal | Email us

Preparing a Contract for Sale of Land

Preparing a Contract for Sale of Land is generally the first step in selling your property and the conveyancing process. The contract is the legal document that will be at the heart of your transaction. It contains the terms and condition of the sale including such vital information as your property details, the agreed purchase price, and the duration of the contract (ie, when the transaction must complete or settle). The contract must also contain a variety of legal documents relating to your property and its title as required by law.

While it may initially seem daunting and complicated, it is possible for anyone to prepare the contract themselves with the assistance of conveyancing kits, which are fairly inexpensive and generally easy to follow. However, if you want to ensure that you are protecting your rights and entitlements, or ensure that your position has been property considered, then you may need to obtain professional advice from a licensed conveyancer or a lawyer.

Preparing your contract properly will put you on the right path for the rest of your transactions. Considering that a poorly prepared contract can have serious and long lasting legal or financial consequences, the benefits of professional advice or conveyancing services is relatively inexpensive and well worth the investment.

What should you do now?

OPlease contact us for more information regarding our conveyancing services. Our experienced property solicitors are ready to assist you with buying or selling your property, other associated property dealings, and ownership issues.

A personal invitation

Ern Phang

Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings.

With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers, irrespective of whether you are big or small, based in Australia or overseas. My team's dedication to service and results means you will enjoy confidence and peace of mind while we look after your best interests, as well as that of your family and your business.

If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.

I look forward to being of service.

Ern Phang
Director

This content is not intended to be legal advice and you should not rely upon it as legal advice without consulting our lawyers for professional legal advice specific to your situation.

When the hammer falls – buying your home at auction

Posted on 6 September 2008 by Phang Legal | Email us

Precautions for auction buyers

Buying your home at an auction can be both exciting and stressful. Aside from knowing your budget (and not bidding over it), you should also be aware that one of the most important differences between buying your home by private treaty and buying it at an auction is the ‘cooling off’ period.

No cooling off period

By law, buying your home by private treaty normally entitles you to a ‘cooling off’ period. During the cooling off period, you can change your mind about going ahead with the contract and cancel it even though you have already signed it and paid a deposit. If you cancel it properly during the ‘cooling off’ period, you may only lose a small part of your deposit. On the other hand, there is no cooling off period if you buy your home at an auction. This means that you may be breaching the contract if you change your mind and decide to cancel it. The likely consequences of breaching the contract are losing all of your deposit and having to compensate the seller for other costs or financial losses.

If you are intending to buy your home at an auction without the benefit of a cooling off period, you should consider taking a number of preliminary precautions even before you start bidding. Some basic points to consider are

  • attend other auctions to become familiar with the auction process
  • research the property market in the local and surrounding areas
  • inspect the property personally or professionally (depending on the issues of concern)
  • obtain finance pre-approval and ensure you have sufficient funds for the deposit
  • confirm the auction time and prepare your personal identification for registration

From a legal perspective, if you are the winning bidder at the auction, you must the sign the contract and pay the deposit immediately. It also means that you accept the contract and all of its terms and conditions, regardless of whether you are aware or understand those terms and conditions. Preparing for the auction by informing yourself is as simple as asking the real estate agent for a copy of the contract so that you can obtain advice from your lawyer BEFORE you attend the auction.

What should you do?

Please contact us for more information regarding our conveyancing services. Our experienced property solicitors are ready to assist you with buying or selling your property, other associated property dealings, and ownership issues.

A personal invitation

Ern Phang

Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings.

With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers, irrespective of whether you are big or small, based in Australia or overseas. My team's dedication to service and results means you will enjoy confidence and peace of mind while we look after your best interests, as well as that of your family and your business.

If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.

I look forward to being of service.

Ern Phang
Director

This content is not intended to be legal advice and you should not rely upon it as legal advice without consulting our lawyers for professional legal advice specific to your situation.

Small Claims Debt Recovery – Chasing Payment

Posted on 28 August 2008 by Phang Legal | Email us

Don’t be out of pocket!

Managing your accounts, especially your trade debtors or accounts receivable is important to ensuring a healthy cash flow. Of course when it comes to ‘collecting debts’, preventative measures are preferred, however no matter what kinds of practice or procedures you may adopt, there may always been situations when you are required to sue a customer or client for unpaid accounts – this is debt recovery.

Small claims litigation has been intentionally simplified by the courts to allow most parties to represent themselves without needing to retain a lawyer or obtain legal representation. In this way, legal expenses or economic barriers to obtaining ‘justice’ are often avoided and parties can access the legal system on a level playing field. The process adopted by most small claims jurisdictions is also informal, compared to the more formal practice and procedures of other court and jurisdictions. Often the strict rules of evidence do not apply and therefore various legal technicalities are dispensed with in favour of a more practical approach. Sometimes the officers who preside over these courts or tribunals also adopt a more inquisitorial approach as opposed to the generally adversarial model used by other forums.

At the end of the day, if you have outstanding debts and have been unsuccessful in recovering them in any other way, it may pay to investigate what legal rights you may have and the options available to you through debt recovery processes and small claims litigation. In New South Wales, most Local Courts will offer the services of a chamber registrar or chamber magistrate, who will provide free legal advice and may even assist you in preparing legal documents – however, they will not appear on your behalf or represent you in the court or tribunal.

If you decide to represent yourself, one of the most important things to remember is to be prepared. If you are not prepared or if you do not take the proceedings seriously, you may incur additional cost or expenses, or waste time or an opportunity. A little effort and common sense will go a long way in being able to establish your case and prevail when the time comes.

Even though some courts and tribunals do not allow lawyers to be involved at the actual appearances, you can still obtain legal advice before and during your legal action. In fact, it is recommended to ensure that you are doing the right thing or at least preparing and conducting your case in the best possible way.

Debt recovery is generally a simple cause of action requiring basic proofs to establish the right to the claim and a judgment – and there should be no reason why such an action should fail if the original claim is legitimate. Obtain the right advice and you should be confident in knowing that you are fully armed to deal with your case and hopefully, be successful in your debt recovery action.

The legal action to obtain a judgment – or confirm your legal entitlement to the money – is only part of the challenge. Depending on the nature of the debtor, the other hurdle that you may have to face is actually recovering the money even after you successfully obtain a judgment through the court or tribunal. Enforcement action through the court system can often be frustrating and expensive – and the subject of another article for another day.

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