AUSTRALIA
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Some form of legal representation is an excellent idea when negotiating with institutions who’ve harmed you. There are, however, certain difficulties that may arise. While the majority of the legal profession may act completely ethically, unfortunately there will always be rogue operators who do not necessarily act in the best interests of their clients in dealing with institutions responsible for child abuse.
Lawyers owe a duty of care to their clients. While there are many fine lawyers who act for people engaging in compensation negotiations with institutions, sadly, not all act in ideal ways. Over the years, I’ve heard of instances in which lawyers / law firms have engaged in conduct such as:
* Overcharging.
* ‘Talking big’ at the beginning of the relationship, before a retainer agreement is signed, and then pursuing the client for fees when the client refuses to accept an offer from an institution that is substantially lower than the sort of outcome discussed in the ‘honeymoon period’ in which the lawyer is signing the client up. In some cases, clients have even ended up worse off than they were before they signed up the lawyer because the lawyer has not been able to achieve a better outcome than what the institution initially offered, but the client has ended up with less because they have to pay the lawyer’s fees out of the settlement!
* Consciously or unconsciously acting more in the interests of the institution than the client.
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