IN SUMMARY
Commercial law matters often require significant funds to be held in trust to cover ongoing legal work and costs such as barrister fees.
The challenge is that asking a client to provide a substantial amount upfront can create payment friction, even when they can comfortably afford the legal work.
But the answer isn’t necessarily to ask for less. It’s to have the conversation earlier.
If you know the matter is likely to require significant funds, talk to the client about how they’re going to manage that financial commitment from the beginning.
Offering flexible payment options, such as a QuickFee fee funding arrangement, can give your clients another way to manage the payment over time while enabling your firm to establish how the matter will be funded from the outset.
The goal isn’t to reduce the value of your work. It’s to structure the payment better.
You know the work will require significant funding. So why wait to talk about it?
This is something I think commercial lawyers in Australia should address much earlier.
If you know a client’s legal matter is going to involve a substantial amount of work, and you’re going to need money in trust, it makes sense to talk about how much is required and how they’re going to fund it at the beginning.
Don’t wait to have the conversation, only to discover that funding is going to be a problem. Your firm needs sufficient funds available to keep the legal work moving.
Explain what you expect the work to require, talk through how the funds will be provided and agree on the approach before it becomes a bigger issue.
If there’s any sign of payment friction, you can discuss the options from the outset.
Payment friction doesn't necessarily mean the client can't afford the work
It’s important to remember that a commercial client may be perfectly capable of placing a substantial amount into trust. But that doesn’t necessarily mean they want to move a large sum of cash out of their business right now.
They may:
- have other commitments
- want to preserve working capital
- prefer to manage the financial commitment over time
That doesn’t mean they’re unwilling to pay.
The issue isn’t always the size of the fee. Sometimes it’s the timing of having to make such a large payment all at once.
From your firm’s perspective, you’re only trying to ensure you have the funds available so the legal work can progress, and you don’t want to keep going back to the client every time you need more money to move forward.
But that doesn’t mean either side needs to compromise.
The best approach is to talk about the different options available to the client for funding the legal work from day one.
Don’t ask for less just to make the conversation easier
This is where I think firms need to be careful.
There can be a temptation to make the initial funding request feel more manageable simply by asking for less upfront.
Let’s say you reasonably expect the engagement to require $100,000 worth of work, but you only ask the client for $50,000 just to get the matter moving.
You may have made the first conversation easier.
But you haven’t avoided the difficult conversation. You’ve just delayed it.
Eventually, that money will get used and you’ll have to go back to the client asking them to put another $50,000 into trust.
The client may be frustrated by another substantial request, and you’re now trying to handle this difficult conversation you avoided earlier while the matter is already underway.
If you know what the likely funding requirement of the matter will be, it’s better to be frank from the start.
- Explain what work you expect the matter to involve.
- Explain the associated costs.
- Then agree on how the client is going to fund it.
That gives the client a clearer picture from the start.
It’s also where payment flexibility options become commercially useful.
You don’t need to compromise the value of your legal work to make the conversation easier. You just need to structure the conversation differently.
Barrister fees can make the funding issue even more critical
This becomes particularly relevant when a commercial matter involves a barrister.
If you need to brief a barrister, you also need to think carefully about having sufficient funds available to cover the barrister’s fees.
If this hasn’t been factored into the funding conversation early on, you may find yourself having to go back to the client and have the uncomfortable conversation about needing more money.
The last thing you or the client wants is to be having this conversation urgently because you’ve already briefed counsel and the matter is moving ahead.
Again, my point is simple.
If you know substantial funding is likely to be required, don’t wait until this requirement becomes urgent to figure out where the money is coming from.
Make it part of the commercial conversation from the beginning.
What if the fee stays the same, but the payment becomes easier to manage?
This is where flexible payment options can change the conversation.
We’ve already established that it’s not about reducing the value of your work, and in many cases, it’s not about whether the client can afford the work either.
It’s about questioning whether the client needs to take a significant amount of cash out of their business immediately when another payment structure may be available to them.
With QuickFee, eligible clients may be able to fund their legal fees and repay the amount over time, subject to the relevant agreement.
That gives you another option to discuss when determining how a commercial law matter will be funded and how much may have to be held in trust.
Instead of saying:
“We’re going to need $50,000.”
You can say:
“This matter is likely to require significant funding. Let’s work out how we’re going to fund it from the beginning before we move ahead.”
That’s a much nicer conversation to have.
Payment flexibility should be proactive, not a fallback option
I think this is where some firms still have the wrong idea about offering flexible payment options.
They wait until the matter is underway and the funding starts becoming an issue. Then, when more money is required, someone thinks about offering alternative payment options.
But it doesn’t have to work that way.
If you already know the legal work will involve a significant financial commitment, payment flexibility can be discussed as part of the funding conversation from the beginning.
It doesn’t need to carry a stigma or imply that the client is in financial difficulty.
Some commercially sophisticated clients may simply prefer to keep more working capital in their business rather than pay a large amount of cash into trust immediately.
This conversation is ultimately about commercial discipline.
- If significant funds will be required, talk about that early.
- If barrister fees are likely, factor them into the conversation.
- If a client would benefit from payment flexibility, discuss it before moving forward.
The goal isn’t to make conversations around funding disappear.
It’s to get the funding structure clear before it becomes a problem for either side.
That’s where QuickFee can help.
QuickFee’s payment solutions are designed to bridge the gap between your firm needing funds available and your client wanting greater flexibility around how they pay.
Depending on the relevant arrangement, eligible clients may be able to manage payments over an agreed period while your firm receives the funds needed to get the matter moving.
FAQs about commercial law matter funding and QuickFee
When should commercial lawyers discuss payment arrangements with clients?
Ideally, payment options should be brought up before funding becomes urgent.
If you expect the work to involve substantial legal fees or barrister fees, discussing how the client will manage the financial commitment early can reduce the need to revisit the issue when the trust balance starts running low.
Can QuickFee help clients manage substantial commercial legal fees?
Yes, eligible clients may be able to use QuickFee’s fee funding solution to spread their payments over an agreed period, subject to the relevant arrangement and eligibility requirements.
This gives your clients another way to manage significant legal fees without having to provide the entire amount upfront.
Is QuickFee only for clients who can’t afford their legal fees?
No. Some clients may have the funds available but prefer not to commit a large amount of cash up front.
That’s why offering payment flexibility with QuickFee from the outset can be a useful solution, rather than only offering this option once funding becomes a problem.
How does QuickFee’s fee funding work for commercial law firms?
QuickFee’s fee funding is designed to bridge the gap between your firm’s need to be paid and your client’s desire for more flexibility in how they pay. Under the relevant arrangement, an eligible client can manage payments over an agreed period while your firm receives the funds when you need them.
For commercial law firms, this means QuickFee’s fee funding arrangements can form part of the initial funding conversation, particularly where substantial legal fees are expected.
Keep the legal work moving without the funding friction
If your law firm regularly asks clients to place significant funds in trust, it’s worth considering whether payment flexibility could form part of that conversation from the beginning.
At QuickFee, we work with professional firms in Australia to give eligible clients more flexibility around how they pay while helping those firms establish a clearer funding approach upfront.
Talk to the QuickFee team about giving your commercial law clients more payment flexibility while keeping your funding conversations clear and transparent from day one.