Fee Schedule - Reasonableness test

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Re: Fee Schedule - Reasonableness test

Postby Freeman-B » Mon Sep 28, 2009 10:15 am

Sophia wrote:I think the punishment for the physical psychological and spiritual violence you have just described should be enough to bankrupt the organisation or individuals that perpetrated it, so that they can't afford to do it again. There is no excuse for one man to have the right to do this to another.

Bravo Sophia, I agree entirely.

There are two elements (in my mind) to the application of the fee schedule. One is, as Sophia has said, a deterrent - to prevent those that ASSUME that they have power over us (which, in fact they don't) from abusing us for their own profit. Any (re)action on our part that prevents such abuse must, by definition, be worthwhile. The second element is compensation, which appears to be where the thread originated. As there is nothing of value in circulation and TPTB only understand their fiat system, this is the ONLY way to "hit them where it hurts", i.e. in the pocket. Bankrupt enough of them and they'll start to get the message that they can't do this with impunity.

Furthermore, as HR said, they are always given an opportunity (usually several) to rebutt the fee schedule, and fail to do so, despite being warned that this will be the default position should they so fail. It is, IMHO therefore UNREASONABLE for THEM to contest that which they were warned about in advance and specifically NOTICED (thereby given a duty) to respond to.

AS for what is lawful, they regularly and blatantly flout the law at every opportunity. Ours is the moral high ground, as well as the lawful path.

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Re: Fee Schedule - Reasonableness test

Postby huntingross » Mon Sep 28, 2009 11:45 am

I think that everyone has pretty well covered it.

Some of the sums in a schedule are designed to be "unreasonable"....a deterrent to doing what ever 'trangression' is identified.
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Re: Fee Schedule - Reasonableness test

Postby geeman » Fri Aug 26, 2016 7:33 pm

Reasonable is the key word. If you are engaging in legal work then a reasonable fee would be the industry standard in your area. Where I am it is around £200 per hour + VAT but somebody doing low level administration doesn't earn anywhere near that amount. I feel this approach keeps the bill honourable which is important when it comes to any explanation which may be required in Court before a Judge. If you are self employed and earn a standard rate of say, £50 per hour, but find yourself doing £15 per hour administration work instead as the issue needs to be dealt with, then you could claim the difference as losses and charge for these as such as lawfully they have caused you loss. This could be covered by charging an amount 'up to' £xx so that you don't have to create many different schedules or fee regimes. Of course, expenses and disbursements would need to be added to it too. A Judge is always looking for who is or is not in honour.
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