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Hidden Cost Visibility Risks in the Conventional Blended Model

Published: 11 July 2024   |   Reviewed: 15 February 2026  
(2-minute read)

The Structural Feature Most Clients Do Not See

In the conventional litigation model, a single solicitor manages both:

  • settlement strategy, and

  • trial preparation.

This arrangement is lawful, common, and often effective.

However, when both functions sit within one role, it becomes difficult for clients to distinguish:

  • work aimed at early resolution, from

  • work aimed at preparing for contested hearing.

The challenge is not professional integrity.
It is cost visibility.

When Two Functions Share One Billing Structure

Where settlement and trial preparation coexist inside one role:

  • timing decisions are centralised

  • preparatory steps may begin before negotiations conclude

  • scope expansion may occur gradually

  • procedural work may commence while resolution discussions remain active

Each of these steps may be professionally justified.

But for clients, the distinction between “resolution work” and “trial preparation” is rarely transparent.

This is where cost visibility becomes complex.

Why Early Fees Do Not Reveal Later Direction

Initial fee estimates often relate only to the early phase of a matter.

They do not necessarily reflect:

  • whether trial preparation will commence early

  • whether procedural momentum will build

  • whether settlement discussions will remain primary

Low entry fees therefore do not determine long-term cost trajectory.

Structure determines trajectory.

Why Switching Becomes Operationally Difficult

When trial preparation has commenced within a blended role:

  • substantial funds may already have been applied

  • the file may be subject to lien rights

  • new practitioners must review existing work

  • cost continuity becomes complicated

This outcome is not caused by misconduct.

It arises from a single-lane structure in which both functions have already been activated.

A Pattern Many Clients Describe

Clients often express a similar experience:

“The matter began simply. It later became more complex and expensive than anticipated.”

What they are observing is not unpredictability alone.

It is structural convergence of:

  • dual functions

  • evolving scope

  • timing decisions not fully visible at inception

Naming this structure helps clients understand it.

Core Principle

When settlement and trial preparation sit in separate roles, the client can see more clearly which path is being funded.

Clean Law’s structure is designed to align reward with earlier resolution, not procedural expansion.

Further Reading

By Nicky Wang
Principal Solicitor