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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.

How Clean Law Separates the Functions

Clean Law was designed to separate these roles entirely:

One lane for settlement, timing and cost oversight
One lane for trial preparation and advocacy

Clients fund only the lane they activate.

Escrow ensures stage visibility and written approval before funds move.

Independence safeguards include:

no referral fees
no shared profits
ACNC governance
annual Law Society trust-account audit

These mechanisms are structural.

They are designed to preserve visibility, authority and timing clarity.

Core Principle

Two lawyers often cost less than one - because you fund one path, not both.

If YOU save, WE win; if your case DRAGS, we lose.