Marilyn Stowe Blog

Sears Tooth Agreement

One of the first issues that any solicitor addresses with a client is the cost of a case. Where a client is unable to pay, a Sears Tooth Agreement might be agreed. This is a deed assigning the client’s settlement to the solicitor, to enable them to cover their costs incurred in acting for the client. It means that when the case is over, the solicitor’s fees will be paid first and in full out of the settlement.

Payment is a delicate subject, but needs to be addressed at the outset because the general rule in divorce and children cases is that each side pays their own costs. Many people believe the richer party will be paying the costs – but the rules have changed. If a Sears Tooth Agreement is signed by the client and witnessed by an independent solicitor, after full legal advice has been taken, it will be upheld by a court if a dispute about the Sears Tooth Agreement arises in the future.

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