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It seems that a lot of people are comparing chalk with cheese.

The demand for fixed fees is linked to the type of work being carried out and the relationship between the lawyer and their client.

I, and I suspect a lot of the other critics of QS, don't work on a fixed fee basis except for very simple and predictable transactions. I don't have to, because I have a close relationship with my clients who trust me and know that I will do my best to achieve a result for them at the fairest price that I can.

It's what I would describe as a professional relationship. It works extremely well for both my clients and myself - well I assume they're happy, as they keep coming back and refer their friends.

But many of the QS firms are doing a lot of commoditised work, such as domestic conveyancing, divorce and so on. Many of their clients are probably just one-off consumers of legal advice and approach buying legal services in much the same way as they'd choose a new telly. They respond to advertising and are particularly influenced by price. They lack the knowledge and experience to judge the quality of the firm, and are (or are thought to be) simplistic enough to associate the word `quality' with ... err... quality.

For this sort of client fixed prices probably do attract business, as they are inherently suspicious and distrusting of professionals, and therefore want the cheapest possible service.

But I really sympathise with anyone trying to provide such a service. I would expect this type of client, who often isn't particularly intelligent or educated, to take the view that because they're on a fixed price deal they are entitled to 24/7 care. The type of client mentioned above, who rings up several times a day to see if you've heard anything - in other words a flaming nightmare!

Unfortunately for the QS firms and their like this is exactly the sort of client that will be lost to the ABS's, who have infinitely more financial, marketing and management clout than all the QS firms put together. Once the ABS's are properly organised I would expect them to indulge in some predatory pricing to gain market share, and that will be largely at the expense of firms who have abandoned the personal touch to pursue the brand of the bland.

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