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Independent Tendering

Published: 1 December 2025   |   Reviewed: 3 September 2026

Overview

Independent Tendering enables a client to obtain multiple structured litigation proposals based on a single, neutral case analysis.

The objective is to help the client compare litigation proposals by strategy, staging and cost structure, not price alone.

Each courtroom firm receives the same client-approved summary, risk outline and timing information.
Each responds independently with its own proposed approach and cost outline.

Unless a courtroom firm expressly agrees to a binding cap in writing, its cost proposal should be treated as a staged estimate or proposal, not a guaranteed maximum cost.

Clean Law does not choose the firm for you, recommend one firm over another, or influence courtroom strategy.

The client remains the sole decision-maker.

Purpose

In complex disputes, early decisions shape cost trajectory, procedural posture, and strategic direction.

Independent Tendering is designed to make those early choices easier to compare:

  • Comparable litigation strategies

  • Transparent staging

  • Clear cost outlines

  • Independent professional judgment

The process is designed to reduce unnecessary duplication while preserving independent courtroom advocacy.

If your aim is settlement, you may first want to understand why information about the courtroom alternative can still matter.
→ Why Would I Want Two Lawyers If I'm Trying to Settle?

Why this matters

The first legal choice can shape what work begins first.
Different work can create different bills.
(See The first legal choice may shape the whole bill)

Clean Law’s Role

Clean Law’s role is limited and client-side.

Clean Law:

  • prepares a client-side case summary

  • circulates that analysis to the firms chosen by the client

  • receives and collates proposals

  • assists the client in understanding staging and cost structure

  • helps the client identify whether each proposal is a binding cap, a staged estimate, or a revisable cost outline

Clean Law does not:

  • approve, guarantee or control the courtroom lawyer’s fees

  • replace the courtroom lawyer’s own costs agreement with you

  • recommend one firm over another

  • prepare briefs

  • instruct counsel

  • act in contested hearings

  • influence courtroom advocacy

  • receive referral fees or commissions

The boundaries of this role are set out in the Advocacy Boundaries & Independence Policy and the Referral Policy.

How the Process Operates

Step 1. Client selects firms

The client chooses which courtroom firms are invited to respond.

If assistance is required, names are drawn only from neutral public-interest referral sources. Clean Law does not maintain panels.

Step 2. Case summary, not a brief

Clean Law prepares a structured client-side summary of:

  • relevant facts

  • issues

  • procedural posture

  • timing considerations

  • identified risks

This document does not instruct counsel and does not constitute a litigation brief.

Its function is to ensure comparability.

Step 3. Independent proposals

Each courtroom firm provides its own:

  • litigation strategy

  • proposed staging

  • cost outline

  • counsel arrangements

Clean Law does not rewrite the firms’ strategies or cost outlines.

The client receives the proposals side by side for evaluation. Before choosing a courtroom firm, the client should confirm in writing:

  • whether the cost outline is a binding cap or an estimate

  • when and why the estimate may be revised

  • what work is included or excluded

  • how handover from Clean Law to the courtroom lawyer will occur

  • whether any additional familiarisation, duplication or coordination cost may arise

Before comparing the headline figures, consider what sits behind each legal cost estimate: what work it covers, what assumptions have been made, and what work you would be authorising.

When Independent Tendering Is Appropriate

Independent Tendering is often suitable where a client:

  • wishes to compare litigation approaches before committing

  • seeks clarity on staging and cost structure

  • wishes to preserve flexibility before trial preparation begins

It may be less appropriate where urgency requires immediate retention of a courtroom advocate.

Structural Safeguards

Independent Tendering operates within Clean Law’s broader governance framework, including:

See Audit & Governance.

Summary

Independent Tendering gives you a structured way to compare litigation proposals before choosing who will run the court case.

All advocacy decisions remain with the independently retained courtroom lawyer.

The choice remains yours.

Related guide:

→ The first legal choice may shape the whole bill

By Nicky Wang
Principal Solicitor