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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 comparability.
Each courtroom firm receives the same factual summary, risk outline, and timing considerations.
Each responds independently with its own strategy and staged cost proposal.
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 select firms, recommend firms, or influence litigation 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 ensure that those decisions are informed by:

  • Comparable litigation strategies

  • Transparent staging

  • Clear cost outlines

  • Independent professional judgment

The process is structured to avoid duplication of preparatory work while preserving full advocacy independence.

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 procedural.

Clean Law:

  • prepares a client-side case analysis

  • 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. The courtroom lawyer’s costs remain governed by that lawyer’s own costs agreement with the client.

  • 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 analysis (not a brief)

Clean Law prepares a structured case analysis summarising:

  • 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 edit or influence these proposals.

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

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

  • escrow-based stage approvals

  • annual Law Society trust-account audit

  • ACNC governance reporting

See Audit & Governance.

Summary

Independent Tendering provides a structured mechanism for comparing litigation proposals while reducing unnecessary duplication of preparatory work and preserving courtroom independence.

All advocacy decisions remain with the independently retained courtroom lawyer.

All strategic authority remains with the client.

Related guide:

→ The first legal choice may shape the whole bill

By Nicky Wang
Principal Solicitor