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Independent Tendering
Published: 1 December 2025 | Reviewed: 3 September 2026Overview
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:
separation of settlement and trial roles
annual Law Society trust-account audit
ACNC governance reporting
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

