qls_costs guide 2014 edition_8-1 example … … · web view// client name and address/associated...

Examples Queensland Law Society | Costs Guide – 2014 Edition | v1.1

Chapter 8: Examples – Letters notices and agreements

8.1 Example agreement – non-sophisticated client

8.1.1 Covering letterLaw practice letterhead

// Date //

// Client name and address/Associated third party payer’s name and address (delete if irrelevant) //

// Salutation //

// Matter reference //

Thank you for your instructions to act for // you or client name and descriptor //. Enclosed are:

Disclosure Notice in accordance with the Legal Profession Act 2007 (Qld); and Our costs agreement.

Set out in the Disclosure Notice documents is information that we are required by law to disclose to you under the Legal Profession Act 2007 (Qld). The enclosed documents describe the basis on which we propose that you engage us. Please ensure that you have carefully read and understood the Disclosure Notice before considering the terms of the agreement. If you wish to discuss or clarify the terms of the enclosure with us, please phone // contact name(s) //.

// For litigation matters – At this stage, the estimates provided are only estimates and not a quotation and subject to change. (delete if irrelevant) //

// (Delete irrelevant option – All figures contained in the enclosed material is inclusive of GST/Given that GST does not apply to this agreement, estimates of costs and fees rates contained in the enclosed material is exclusive of GST) //

// (Delete option if conditional or uplift fees // – Enclosed is our offer to enter into a costs agreement which you may accept by any one of the following ways:

signing and returning the enclosed copy of the costs agreement; giving us instructions after receiving these documents; or oral acceptance.

If you accept this offer you will be regarded as having entered into a costs agreement. Whilst not essential, we would appreciate you returning signed copies of the Disclosure Notice and costs agreement at your earliest convenience. //

// (Delete option if not conditional and/or uplift fees // – Enclosed is our offer to enter into a (conditional and/or uplift) costs agreement with you. If you accept this offer you will be regarded as having entered into a (conditional and/or uplift) costs agreement and you will be bound by the terms set out in this document, including being billed by us in accordance with it.

To accept this offer you must sign and return a copy of this document to us.

Failure to accept our offer within 14 days of dispatch of this document can result in the immediate withdrawal of our offer to act on your behalf. By signing this document, you acknowledge that we has provided you with a costs disclosure statement in accordance with section 308(5) of the Legal Profession Act 2007 setting out your rights in relation to legal costs and you have been informed of your right to seek independent legal advice and your cooling off period of five days. When you accept this offer to enter a (conditional and/or uplift) costs agreement, this document becomes our costs agreement and it is referred to in that way below.//

Yours faithfully

// Law practice name //

Enc.

Duplicate Disclosure NoticeDuplicate Costs Agreement

Chapter 8: Examples – Letters notices and agreements | Non-sophisticated | Extract pages 89-103

Queensland Law Society | Costs Guide – 2014 Edition | v1.1 Examples

8.1.2 Disclosure notice

Disclosure notice (s308)1

Legal Profession Act 2007 (Qld)

// Scope of work/duration of agreement //

// Date //

// Client name and address/Associated third party payer’s name and address (delete if irrelevant) //

1. Legal fees – your rights

1.1 You have the right to:

Negotiate a costs agreement with us; Receive a bill of costs from us; Request an itemised bill of costs after you receive a lump sum bill from us; Request written reports about the progress of your matter and the costs incurred in your matter; Apply for costs to be assessed within 12 months if you are unhappy with our costs

(see para 1.4 below); Apply for the costs agreement to be set aside (see para 1.4 below); Accept or reject any offer we make for an interstate costs law to apply to your matter

(see para 1.3 below); Notify us that you require an interstate costs law to apply to your matter

(see para 1.3 below); and Be notified of any substantial change in the matters disclosed in this Notice.

1.2 This Disclosure Notice provides you with information about our legal services, the cost of those services and your rights. For more information about your rights, please read the facts sheet titled ‘// Legal Costs – Your right to know //. You can ask us for a copy, or obtain it from the Queensland Law Society or download it from their website at qls.com.au > For the Community > You and your solicitor > Solicitors’ fees and charges. You can also obtain information from the Legal Services Commissioner www.lsc.qld.gov.au.

1.3 The law of Queensland will apply to our proposed costs agreement. You have the right to enter into a costs agreement with us on the basis that a similar law of another state or territory is applicable for example where our services are being primarily provided in another state or territory or where the matter has a substantial connection with that other state or territory. Further you have the right in certain circumstances to notify us in writing in accordance with the time limits of the corresponding law that you require the law of another jurisdiction to apply.2

1.4 The following avenues are open to you under the terms of the Legal Profession Act 2007 (Qld) in the event of a dispute in relation to legal costs

To apply for a costs assessment within 12 months of delivery of a bill or request for payment or such extended time as may be permitted by the court or costs assessor after considering the reason for the delay; and

To apply to set aside the costs agreement within six years or other times as the law permits.

1 To be delivered in accordance with LPA s 310(1). Note the specific comments in the text for family law and criminal law matters

2 LPA s302, 303 and LPRQ reg 79


http://www.lsc.qld.gov.au/

http://www.qls.com.au/For_the_profession/Practice_support/Resources/Legal_brochures


2. Incorporated status of this law practice // delete clause if irrelevant //3

This law practice is an incorporated practice and we advise that:

The services to be provided are // details of services to be provided LPA s123(3)(a) //. All legal services to be provided under this agreement // will or will not // be provided

by an Australian Legal Practitioner. The legal services that will not be provided by an Australian Legal Practitioner are // specify

service(s) and identify status or qualification of persons other than Australian Legal Practitioners providing the service(s) //.

The provision of legal services is regulated by the Legal Profession Act 2007 (Qld) however the provision of non-legal services under the proposed Costs Agreement is not regulated by that legislation.

The information in this paragraph is provided to you in relation to // this matter only or all matters that you may instruct us on an ongoing basis //.

3. Multi-disciplinary partnership status of this law practice // delete clause if irrelevant //

This law practice is a multi-disciplinary partnership and we advise that:

The services to be provided are // details of services to be provided LPA s152(3)(a) //. All legal service(s) to be provided under this agreement // will or will not // be provided

by an Australian Legal Practitioner. The legal services that will not be provided by an Australian Legal Practitioner are

// specify service(s) and identify status or qualification of persons other than Australian Legal Practitioners providing the service(s) //.

The provision of legal services is regulated by the Legal Profession Act 2007 (Qld) however the provision of non-legal services under the proposed agreement Costs Agreement is not regulated by that legislation.

The information in this paragraph is provided to you in relation to // this matter only or all matters that you may instruct us on an ongoing basis //.

4. How this law practice charges4

4.1 There are several different methods by which legal practices charge for professional services rendered including itemised scale fees, statutory scales, task based fees, fixed fees and conditional fee arrangements which may include an uplift fee. These different methods of charging may result in different fees payable. This law practice’s professional fees charged will be as

Option 1

a lump sum of // $ Lump sum fee which ought be stated to be inclusive of GST //.

If the agreement is terminated either by you or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination.

For matters involving lump sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:

// Alternate basis for fee calculation //

3 LPA s123 and s1524 Basis of fee calculation – LPA s308(1)(a)



Option 2

an amount calculated by reference to the amount of time spent attending to your matter. Our hourly charge rates are

an hourly rate of: $ * for a partner. an hourly rate of: $ * for a senior solicitor. an hourly rate of: $ * for a junior solicitor. an hourly rate of: $ * for a para-legal. an hourly rate of: $ * for a clerk. an hourly rate of: $ * for secretarial services.

// Specify if time will be charged in # minute intervals // Time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.

Option 3

fixed fees for each of the stages set out below:

Stage 1 // details //: $ *. Stage 2 // details //: $ *. Stage 3 // details //: $ *.

Option 4

Other method in accordance with LPA

Option 5

An amount calculated in accordance with the // insert scale // as modified by this law practice and set out below [insert all scale items]

4.2 Fees for other items are:

Photocopying $ * per page Faxes $ * per page Document lodgement $ * per attendance Searches and other paralegal etc $ * per attendance Secretarial and word processing $ * per hour Some computer services $ * per hour Clerical and accounting services $ * per hour General library services $ * per hour



4.3 Expenses and disbursements are sums of money which this law practice pays (or becomes liable to pay) to others on your behalf. These may include, for example:

Search fees Enquiry fees Court and other filing fees Lodgement fees All government revenue charges (including stamp duty) Transaction specific banking charges Process servers and investigators Clinical records from hospitals Medical, experts’ reports and/or other external consultants Witnesses fees and expenses Postage courier and messengers Transcripts charges Other law practice fees (including barrister’s fees) Travel expenses and accommodation costs

This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.

4.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Costs Agreement are:

// Details of scales or state nil if applicable //.

5. Estimate of your costs5

The following estimate is based on the information available to this law practice to date. It is an estimate, not a quotation and subject to change.

Option 1

Professional fees $ *

Services other than professional $ *

Expenses and disbursements $ *

Total (GST inclusive): $ *

Option 2

It is not possible at this time to provide an accurate estimate of the total costs. Below is this law practice’s estimate of the range of total costs provided for different stages. There may be a number of stages in your matter, which will vary according to its complexity, but may broadly be divided into:

Stage 1 // details //: $ * to $ *. Stage 2 // details //: $ * to $ *. Stage 3 // details //: $ * to $ *.

These estimates are made on the information available at this time and the estimates will probably change when more information is available to this law practice. The major factors which will affect the estimates are:

// Factors impacting on estimates //.

5 Estimate of total legal costs or range and variables – LPA s308(1)(c).



6. Conditional costs agreement // delete clause if irrelevant //

6.1 As this is a proposed conditional cost agreement we inform you that you have the right in accordance with the Legal Profession Act 2007 (Qld) to obtain independent legal advice before entering into this agreement.

6.2 You also have the right to a cooling off period of 5 clear business days after we receive the signed agreement from you during which you may terminate the agreement by written notice to us. Should you so terminate the agreement we are still entitled to charge you for legal services performed on your instructions with your knowledge before that termination.

6.3 This law practice will charge you professional fees (para 4.1) on a conditional fees arrangement, that is, upon the successful outcome of this matter. The occurrence of any one of the following events constitutes a successful outcome:

// basis or events upon which items become payable //.6.4 This law practice will also charge you fees for other items (para 4.2), expenses and disbursements6

(para 4.3) on the basis // select option //

of the conditional fee arrangement referred to above (para 6.2).

that irrespective of the outcome, such fees for other items and expenses and disbursements are payable by you when incurred by the law practice and billed to you.

that // set out in detail the other basis or events upon which items become payable //.

6.5 Our entitlement to charge in the event of termination is explained below at paragraph 11.

6.6 In the event you are entering into a conditional costs agreement involving a personal injuries claim where the law practice’s right to recover our professional fees are dependent upon a ‘successful outcome’ of the matter (para 6.2) then, irrespective of our entitlement to professional fees under the proposed agreement, the maximum that this law practice can charge you at law for professional fees inclusive of GST (but exclusive of any outlays) is as follows:

Maximum professional fees (including GST)

excluding disbursements = [ Amount awarded

or recovered

+Costs due from other party(ies)

] – [ Refunds required by law to any other entity

+Disbursements incurred on your

behalf in perusing the claim

]2

This limit does not apply in the event of lawful termination by either party prior to conclusion of the claim.

7. Uplift Fee // delete clause if irrelevant //

7.1 As this is a proposed conditional costs agreement (involving an uplift fee), you have the right in accordance with Legal Profession Act 2007 (Qld) to obtain independent legal advice before entering into this agreement. You also have the right to a cooling off period of five clear business days after we receive the signed agreement from you during which you may terminate the agreement by written notice to us. Should you so terminate the agreement we are still entitled to charge you for legal services performed on your instructions with your knowledge before that termination.

7.2 This legal practice will charge you as set out above. Upon the successful outcome of the matter an uplift fee of // percentage or other basis of charge // on the professional fees usually charged is payable.

6 LPA s308(4)(b).



7.3 A successful outcome is the occurrence of any one of the following events:

// basis or events upon which items become payable //.

7.4 The reasons why an uplift fee is warranted are as follows:

// reasons warranting an uplift fee //.

7.5 Our entitlement to charge in the event of termination is explained below at paragraph 11.

8. Billing, interest charges and contact person7

8.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements and expenses at8 // select interval option – the completion of the work, monthly rests, the conclusion of designated stages, in accordance with the conditional arrangements //

8.2 If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at9

// Select alternative

the rate of (specify LPA permissible rate) a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007

which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus two percentage points as at the date of the bill. //

In the event that you do not pay this law practice’s account the proposed costs agreement entitles the exercise of a solicitor’s lien. The lien allows us to retain all your documents and funds in trust until the account is paid.

8.3 You may contact // name of designated person and contact details // regarding your legal costs.

9. Substantial changes to disclosure10

9.1 You will be informed, as soon as is reasonably practicable, of any substantial changes to anything contained in this disclosure document.

10. Engagement of another law practice (eg barrister)

10.1 It the event that this legal practice engages on your behalf another law practice to provide specialist advice (eg a barrister) or services you will be advised.

11. Ending arrangements

11.1 You may end our engagement by written notice however you remain liable for the legal costs up until that time. If you do not pay monies in accordance with the costs agreement, this law practice may suspend work and may cease acting for you.

// Alternatively, if a conditional agreement with or without uplift fees, specify fees and basis on which they will be payable //

// A law practice may wish to specify other termination events which may trigger payment //

7 Right to negotiate/receive bill/request itemised – LPA s308(1)(b)(i)-(iii).8 Billing interval – LPA s308(1)(d).9 Interest charged – LPA s308(1)(e), 321, LPRQ reg 82.10 Right to be notified of a substantial change in disclosed matters – LPA s308(1)(b)(iv) and 315.



12. Costs in court proceedings // delete clause if irrelevant //11

12.1 If court proceedings are taken on your behalf:

the court may order that you pay another party’s costs (for example, if you lose the case) the court may order the other party to pay your costs of the proceedings and, as a general rule,

this will not be the whole of the legal costs you are liable to pay us12

in the event the court orders you to pay costs, the court ordered costs are payable by you to the other party in addition to the costs liable to be paid pursuant to the proposed costs agreement

12.2 If you are successful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered from the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates:

// details //: $ * to $ *. // details //: $ * to $ *. // details //: $ * to $ *.

Alternatively, if feasible, state as a percentage of fees the client is liable to pay (see Mullins J, ASIC v Atlantic 3 Financial (Aust) Pty Ltd [2004] QSC 133).

12.3 If you are unsuccessful in the litigation the following is the range of costs (inclusive of any GST amounts) that may be recovered against you by the other party. It is not possible at this time to provide an accurate estimate and the sums given below are merely estimates:

// details //: $ * to $ *. // details //: $ * to $ *. // details //: $ * to $ *.

Alternatively, if feasible, state as a percentage of fees the client is liable to pay (see Mullins J, ASIC v Atlantic 3 Financial (Aust) Pty Ltd [2004] QSC 133).

12.4 If settlement of your claim is being resolved by alternate dispute resolution, prior to any agreement resolving the matter this law practice will provide you with a reasonable estimate of my/our costs payable by you on settlement, a reasonable estimate of the costs you would obtain from the other party on settlement if the settlement is favourable to you or a reasonable estimate of the costs you may have to pay the other party.

// Law practice name //

Acknowledgement

I/we, // Client/Associated Third Party // acknowledge that I/we have read and understood the contents of this Disclosure Notice.

/ /

of // Client/Associated Third Party // Date

/ /

Signature of // Client/Associated Third Party //

11 LPA s308(1)(f).12 LPA Statement that court orders will not cover all costs s308(4)(a).



8.1.3 Client agreement

// Matter description //

Between

// Legal Practice name // of // legal practice address // (‘this law practice/I/we/us’)

and

// Client name // of // client address // (‘you/your’)

and

// Associated party name // of // third party address // (‘Associate’)

1. Disclosure prior to legal services

1.1 Before providing legal services and entry into any costs agreement, // this law practice is/I am/we are // required to provide you // and your Associate // with disclosure of information under the Legal Profession Act 2007 (Qld).

1.2 A disclosure notice was provided to you // and your Associate // with this document and by signing this document or otherwise accepting the offer:

a. you // and your Associate // acknowledge you have received the disclosure notice; andb. that you // and your Associate // acknowledge that you have read the disclosure notice.

2. Acceptance of offer

2.1 This document is an offer to enter into a costs agreement with you. If you // and your Associate // accept this offer you // and your Associate // will be regarded as having entered into a costs agreement. This means you // and your Associate // will be bound by the terms and conditions set out in this document, including being billed in accordance with it. Acceptance may be by any one of the following ways: //retain first option only if conditional or uplift fees //

a. signing and returning a copy of this document; orb. giving us instructions after receiving this document; orc. contacting // this law practice/me/us // and advising of your acceptance.

2.2 // This law practice/I/We // will provide you with the legal services performed with professional skill and diligence that are set out in this document and will keep you informed of the progress of the matter.

2.3 You must:

a. provide // this law practice/me/us // with timely, accurate and proper instructions, including all documents and other records relevant to the provided services;

b. act reasonably and take reasonable care to protect your own interests in respect to the matters the subject of this document;

c. satisfy yourself as to the commercial viability of transactions (if any); andd. where relevant, investigate the bona fides of the other parties to the transaction, checking

all financial matters and assessing the commercial soundness of the transactions.

2.4 Where you instruct // this law practice/me/us // jointly with one or more other parties, you and each other party will be jointly and severally liable to pay // this law practice/me/our // bills

2.5 The work // this law practice is/I am/we are // instructed to do is:

a. General services – The provision of legal services as requested from time to time to generally represent your interests throughout the duration of this client agreement.

b. Litigation and advocacy work – The provision of legal services as requested from time to time, to represent your interests throughout the duration of this client agreement in any dispute, investigation of a cause of action, court action, alternative dispute process, mediation, tribunal hearing and/or prosecution, including all interlocutory steps, associated alternative dispute resolution processes, hearing or trial, post-trial steps, appeal and execution.



c. Banking and financial services work – The provision of legal services as requested from time to time throughout the duration of this agreement including matters relating to contracts, property finance, project finance, consumer finance services and facilities, commercial finance facilities, securities, workouts (including receiverships and voluntary administrations), recoveries, securities enforcements, project finance, standard documentation and systems, stamp duty and aspects of revenue law and purchase and sale agreements.

d. Advice work – The provision of advices and associated legal services as requested from time to time throughout the duration of this client agreement in the listed areas:

// insert specific work //e. Property and development work – The provision of legal services as requested from time to time

by you throughout the duration of this client agreement in relation to property and development work including due diligence inquiries in relation to properties, creation of, acquisition of and disposal of legal and other interests relating to property.

f. Other //specify area of law and scope of work//

2.6 Failure to accept // this law practice’s/my/our // offer within // seven fourteen // days of the date of the Disclosure Notice accompanying this document may result in the immediate withdrawal of // this law practice’s/my/our // offer to act.

2.7 The law of // Queensland or other jurisdiction as is appropriate // will apply to the proposed costs agreement.

3. Charges for professional fees, other items, disbursements and outlays

3.1 // This law practice’s/My/Our // professional fees charged are:

Option 1

a lump sum of // $Lump sum fee which ought be stated to be inclusive of GST //.

If the agreement is terminated either by you or on a permitted ground by this law practice, you will be required to pay the professional fees charges and disbursements and outlays up to the date of termination.

For matters involving lump sum fees, please refer to clause 11 in relation to fees payable in relation to early termination. You will be liable to pay this law practice whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:


Option 2

an amount calculated by reference to the amount of time spent attending to your matter. Our hourly charge rates are

an hourly rate of: $ * for a partner. an hourly rate of: $ * for a senior solicitor. an hourly rate of: $ * for a junior solicitor. an hourly rate of: $ * for a para-legal. an hourly rate of: $ * for a clerk. an hourly rate of: $ * for secretarial services.

// Specify if time will be charged in # minute intervals // Time will be charged in 6 minute intervals – with six minutes being the minimum interval recorded for professional services. For example the time charged for an attendance of up to six minutes will be one unit and the time charged for an attendance between six and twelve minutes will be two units.

Option 3

fixed fees for each of the stages set out below:

Stage 1 // details //: $ *. Stage 2 // details //: $ *. Stage 3 // details //: $ *.



Option 4

Other method in accordance with LPA

Option 5

An amount calculated in accordance with the // insert scale // as modified by this law practice and set out below [insert all scale items]

3.2 Fees for other items are:

Photocopying $ * per page Faxes $ * per page Document lodgement $ * per attendance Searches and other paralegal etc $ * per attendance Secretarial and word processing $ * per hour Some computer services $ * per hour Clerical and accounting services $ * per hour General library services $ * per hour

3.3 Expenses and disbursements are sums of money which this law practice pays (or becomes liable to pay) to others on your behalf. These may include, for example:

Search fees Enquiry fees Court and other filing fees Lodgement fees All government revenue charges (including stamp duty) Transaction specific banking charges Process servers and investigators Clinical records from hospitals Medical, experts’ reports and/or other external consultants Witnesses fees and expenses Postage courier and messengers Transcripts charges Other law practice fees (including barrister’s fees) Travel expenses and accommodation costs

This law practice will inform you of these expenses and disbursements as well as any other payments required to be made, as soon as is reasonably practicable.

3.4 Scales of fees fixed by legislation that are applicable to the amounts to be charged pursuant to this Costs Agreement are:

// Details of scales or state nil if applicable //.

4. Conditional costs agreement // delete clause if irrelevant //

4.1 You have the right in accordance with Legal Profession Act 2007 (Qld) to obtain independent legal advice and you may at any time within the period of five clear business days after // this law practice/I/we // receive the signed agreement from you terminate the agreement by written notice to us. Should you so terminate the agreement // this law practice/I/we // are still entitled to charge you for legal services performed on your instructions with your knowledge before that termination.

4.2 // This law practice/I/We // will charge professional fees (para 3.1) on a conditional fees arrangement, that is, upon the successful outcome of this matter. The occurrence of any one of the following events constitutes a successful outcome:




4.3 // This law practice/I/We // will also charge you fees for other items (para 3.2), expenses and disbursements (para 3.3) on the basis // select option //

of the conditional fee arrangement referred to above (para  3.2).

that irrespective of the outcome, such fees for other items and expenses and disbursements are payable by you when incurred by the law practice and billed to you.

that // set out in detail the other basis or events upon which items become payable //.

4.4 Our entitlement to charge in the event of termination is explained below at paragraph 9.

4.5 In the event you are entering into a conditional costs agreement involving a personal injuries claim where the law practice’s right to recover our professional fees are dependent upon a ‘successful outcome’ of the matter (para 4.2) then, irrespective of our entitlement to professional fees under the proposed agreement, the maximum that this law practice can charge you at law for professional fees inclusive of GST (but exclusive of any outlays) is as follows:

Maximum professional fees (including GST)

excluding disbursements = [ Amount awarded

or recovered

+Costs due from other party(ies)

] – [ Refunds required by law to any other entity

+Disbursements incurred on your

behalf in perusing the claim

]2

This limit does not apply in the event of lawful termination by either party prior to conclusion of the claim.

5. Uplift fee // delete clause if irrelevant //

5.1 You have the right in accordance with Legal Profession Act 2007 (Qld) to obtain independent legal advice and you may at any time within the period of five clear business days after // this law practice/I/we // receive the signed agreement from you terminate the agreement by written notice to us. Should you so terminate the agreement // this law practice/I/we // are still entitled to charge you for legal services performed on your instructions with your knowledge before that termination.

5.2 // This law practice/I/We // will charge you as set out above. Upon the successful outcome of the matter an uplift fee of // percentage or other basis of charge // on the professional fees usually charged is payable.

5.3 A successful outcome is the occurrence of any one of the following events:


5.4 The reasons why an uplift fee is warranted are as follows:

// reasons warranting an uplift fee //.

5.5 Our entitlement to charge in the event of termination is explained below at paragraph  9.

6. Billing, interest charges and contact person

6.1 Bills will be sent to send you containing information of professional fees, other charges, disbursements and expenses and GST at // select interval option – the completion of the work, monthly rests, the conclusion of designated stages, in accordance with the conditional fee arrangement //



6.2 Our bills are payable on receipt. If bills remain unpaid for 30 days of becoming due for payment, interest may be charged on the unpaid amount at

// Select alternative

the rate of (specify LPA permissible rate) a benchmark rate being the rate prescribed by regulations under the Legal Profession Act 2007

which is the rate that is equal to the Cash Rate Target, as defined by the regulations to the LPA, plus two percentage points as at the date of the bill. //

In the event that you do not pay bills pursuant to this costs agreement then // this law practice/I/we // are entitled to the exercise of a solicitor’s lien. The lien allows us to retain all your property, documents and trust funds in our possession until the account is paid.

6.3 For the purpose of this agreement you will be deemed to have received our bill if it is:

a. given to you or to your agent personally – on the day it is given to you;b. sent to you at the address above or to your agent by post then – within two days of posting.

7. Engagement of another law practice (eg barrister)

7.1 It the event that this legal practice engages on your behalf another law practice to provide specialist advice (eg a barrister) or services you will be advised. If the advocate provides // this law practice/me/us // with fee disclosures or the basis of fee calculation // this law practice/I/we // will pass this information on to you. If // this law practice/I/we // become liable to pay interest on any advocate’s fees as a consequence of delay on your part // this law practice/I/we // will pass that charge on to you.

7.2 As a matter of public policy, the law provides immunity from suit in relation to advocacy. Nothing in this agreement affects an advocate’s immunity from suit in relation to any advocacy conducted on your behalf.

8. Termination of agreement

8.1 You may terminate this agreement at any time.

8.2 Should this agreement be terminated at any time, you remain liable for the legal costs up until that time.

8.3 If you do not pay monies in accordance with the costs agreement, // this law practice/I/we // may suspend work and may cease acting for you. // This law practice/I/We // will not continue to do the work and may terminate the agreement:

a. if you fail to pay my/our bills or deposit monies to our trust account as required from time to time;b. if you fail to provide me/us with adequate instructions within a reasonable time; if you give

instructions that are deliberately false or intentionally misleading;c. if you fail to accept an offer of settlement which I/we think is reasonable;d. if you fail to accept advice I/we (or counsel) give you;e. if you engage another law practice to advise you on this matter without our consent;f. if I/we, on reasonable grounds, believe that I/we may have a conflict of interest;g. if you ask us to act unethically; orh. for other just cause.

8.4 If the agreement is terminated either by you or // this law practice/me/us //, you will be required to pay // this law practice’s/my/our // professional fees, fees for other items and expenses and disbursements up to the date of termination.

8.5 // This law practice/I/We // will give you notice of // its/my/our // intention to terminate our agreement, and of the grounds on which the notice is based.

8.6 On termination, // this law practice is/I am/we are // entitled to retain possession of your documents and trust money while there is money owing to me/us for my/our professional fees, fees for other items and expenses and disbursements, unless and until security is provided for my/our costs.



9. Termination of lump sum/conditional/uplift agreement // delete clause if irrelevant //

9.1 If the matter involves lump sum fee matters, you must pay the part of // this law practice’s/my/our // lump sum fee that // this law practice/I/we // reasonably estimate has been incurred in respect of the legal services provided to you up to the date of termination, plus fees for other items, expenses and disbursements, subject to your right to a costs assessment. You will be liable to pay // this law practice’s/my/our // whether or not the other party to any court proceedings has to pay your costs of the proceedings. They will be charged as follows:


9.2 // Further, as this costs agreement is a conditional costs agreement/with an uplift fee, // this law practice/I/we will not continue to do the work and may terminate the agreement:

a. if I/we cannot retain Counsel of my/our choice on a conditional costs agreement in a litigation matter; or

b. if you fail to provide me/us with adequate instructions within a reasonable time; orc. if you indicate to me/us that I/we have lost your confidence.//

9.3 You may terminate this agreement at any time after the cooling off period. Should you terminate this agreement you will be liable to pay for legal services performed on your instructions with your knowledge before that termination.

10. Retention of your documents

10.1 I/We will, on completion of the Work, retain any papers to which you are entitled, but leave in my/our possession (except documents deposited in safe custody) for no more than seven (7) years and on the undertaking that I/we have your authority to destroy the file seven years after the date of the final bill rendered by me/us in this matter.

11. Privacy protection

11.1 Personal information about you, provided by you and other sources, is protected under the Privacy Amendment (Private Sector) Act 2000. Disclosure of such information may be compelled by law (eg under the Social Security Act). You also authorise me/us to disclose such information where necessary to others in furtherance of your claim/matter (eg within the law practice, to the Court, the other party or parties to litigation, to valuers, experts, barristers etc).

12. Payment/money on account

12.1 // This law practice/I/We // may ask you for payments in advance. In this event, the money will be held in trust and you will be advised how it is used. You hereby authorise // this law practice/me/us // to draw on the money for expenses, third party payments and professional fees as they become due.



Acceptance

Except if this agreement involves conditional or uplift fees, you // and your Associate // may accept by:

a. signing and returning a copy of this document; orb. giving us instructions after receiving this document; orc. contacting // this law practice/me/us // and telling advising of your acceptance.

If this agreement involves conditional or uplift fees, you // and your Associate // may accept by signing and returning a copy of this document.

/ / / /

Signed by or for an on behalf of the client*

Date Signed by or for an on behalf of the Law practice

Date

/ /

Signed by or for an on behalf of the Associate*

Date

*Where the person signing on behalf of the client or Associate is other than the named client, (s)he warrants they hold authority to sign on behalf of the client or Associate

Other areas for agreement Immunity of advocates Expert contractors Withholding tax and gross up Payments in advance Ownership and possession of documents Use of work product Changes to our work product Email communication Copyright Confidentiality Privacy Act 1988 (Cth) Official inquiries and subsequent document production Document storage and ISO 9000/9002 Severability Industry regulation requirements


qls_costs guide 2014 edition_8-1 example … … · web view// client name and address/associated...

Documents