Time and expertise are among the most valuable commodities in the legal profession. Yet, prospective clients fail to appreciate this in their fervour to pay as little as possible for what they expect to be quality legal advice. If possible, they expect consultations to be free. Since establishing my firm in 2016, I have charged an hourly fee for consultations. This decision has proven invaluable for at least five reasons.
Firstly, it filters potentially difficult prospective clients. Charging a consultation fee immediately shows whether a prospect is likely to respect our billing policies. If they balk at the first bill—often a modest consultation charge—it is a strong indicator they may resist or dispute every future invoice. Declining clients who insist on free consultations isn’t just about principle—it’s self-preservation. This approach lets us focus on those who value our time.
Secondly, running a law firm comes with expenses: salaries, rent, utilities, and more. Free consultations do not help pay those costs. Furthermore, any free time spent on non-paying clients could have been devoted to work for paying clients or other firm initiatives. Many who ask for free services either do not appreciate or simply disregard that what costs them nothing still costs the lawyer time and resources.
Thirdly, when a prospective client is willing to pay a consultation fee, they value the expertise, discernment, and care we invest in assessing their situation. Their payment is a tangible commitment to our legal relationship. Experience has shown that clients who respect our time from the outset tend to be more cooperative and appreciative throughout the entire legal process.
Fourthly, risk and liability. Just because we give free legal advice doesn’t mean we are not responsible for it. If we give negligent advice, the client who received it could sue us for negligence. Just because it’s free does not mean there’s no liability. That is why a free case must be treated as a paid case. Lawyers bear the cost and risk of giving free legal advice.
Finally, the prospective client and the lawyer start as strangers. A legal problem becomes the lawyer’s concern only once both parties agree to engage formally. This principle is no different from any other professional relationship: a plumber is not automatically responsible for a homeowner’s plumbing issues, nor is a doctor obligated to treat every stranger’s ailments for free. In law, as in other professions, time and expertise deserve fair remuneration.
That’s why we charge a consultation fee—it’s not just about money, but about protecting our time, expertise, and energy. Every unpaid hour carries a real cost.
Initially, I felt uneasy when prospects declined after learning about my consultation fee; I worried I was losing potential business. Over time, however, I have come to see it as dodging a bullet. Many clients who haggle over every charge bring more stress than revenue. Ironically, “free” clients often prove more demanding and less appreciative than those who pay. Worse still, the lawyer gains no compensation to offset the additional inconvenience and workload.
That’s the general rule, but of course, there are exceptions. My exceptions have to be truly exceptional. After a 25-year career taking up pro bono cases, I no longer take them on as a general rule for three reasons.
First, it has become less personally rewarding and costly to the firm. Second, forget about being appreciated or valued. We will be acknowledged and thanked, eventually forgotten. Finally, pro bono work is now commonly instrumentalised to virtue signal and for marketing purposes to make up for the lack of remuneration. I can live without being appreciated or valued; that is par for the course, but not with the first and third reasons.
Next time someone asks, “Why charge before hearing my problem?” we could tell them:
“Because my time is the one thing I can’t get back. Because my team’s rent won’t pay itself. Because you are looking for a freebie. Because I’d rather lose your case than waste my life.”
Or just say nothing. Let the fee speak for itself.
The right clients appreciate and remunerate. The wrong ones? They’ll go away—and that’s precisely the point.