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  • By Lawyers

101 Costs Answers – ALL STATES

6 November 2020 by By Lawyers

101 Costs Answers is the latest addition to the By Lawyers ‘101’ series of helpful reference materials.

Located in the Reference materials folder on every By Lawyers matter plan, this publication contains valuable commentary and precedents on all aspects of legal costs.

The precedents include all of the By Lawyers costs agreements/client services agreements and costs disclosures, drawn together from all By Lawyers publications into a convenient single publication.

The By Lawyers costs agreements are compliant with the strict requirements of the various state laws. They cater for all areas of law, with detailed recitals of the scope of work usually undertaken in each type of matter. This not only defines the retainer but makes it easy for practitioners to produce documents quickly upon engagement.

The 101 Costs Answers commentary includes:

Disclosure requirements

The commentary helps practitioners to navigate some of the more complicated disclosure requirements including regulated costs and the specific obligations for different types of litigation matters. The effect of non-disclosure is also covered.

Disbursements

Commentary on defining and recovering disbursements includes relevant case law and examples. The By Lawyers costs agreements are drafted to clearly identify usual disbursements.

Counsel’s fees

The commentary deals with the contractual relationship between solicitors and barristers as well as disclosure requirements. With the solicitor responsible for payment of counsel’s fees regardless of the solicitor’s agreement with the client, the By Lawyers costs agreements include counsel’s fees as specific disbursements which the client is obliged to pay.

Debt recovery

Where debt recovery is necessary, 101 Costs Answers contains letters of demand and example pleadings to assist with the recovery of costs. There is also detailed commentary on costs assessment procedures and the relevant forms for each state are available on the matter plan.

Like all By Lawyers publications, 101 Costs Answers contains interactive links to relevant legislation and cases, which are always kept updated.

Filed Under: Australian Capital Territory, Bankruptcy and Liquidation, Business and Franchise, Companies, Trusts, Partnerships and Superannuation, Conveyancing and Property, Criminal Law, Defamation and Protecting Reputation, Domestic Violence Orders, Employment Law, Family Law, Federal, Immigration, Litigation, Motor Vehicle Accidents, Neighbourhood Disputes, New South Wales, Northern Territory, Personal injury, Personal Property Securities, Publication Updates, Queensland, Restraining orders, Security of Payments, South Australia, Tasmania, Trade Marks, Traffic Offences, Victoria, Western Australia, Wills and Estates Tagged With: costs, costs agreements

Costs disclosure – Increase of legal rates during a matter

4 April 2019 by By Lawyers

Increase of legal rates during a matter

All By Lawyers Costs Agreements and Client Service Agreements have been updated to include a clause notifying a client that legal rates may increase during the course of a matter requiring a revision of the costs estimate provided. This clause provides for 30 days written notice of any proposed changes to legal rates. While such a clause is not required by Legal Profession legislation concerning costs disclosure requirements, providing such notice on initial costs disclosure is considered best practice.

All of our Guides contain Costs Agreements (Client Service Agreements for QLD Guides) within the folder ‘A. Getting the mater underway’. All of our agreements are compliant with the relevant Legal Profession legislation and are reviewed and updated regularly to ensure compliance.

Filed Under: Australian Capital Territory, Bankruptcy and Liquidation, Business and Franchise, Companies, Trusts, Partnerships and Superannuation, Conveyancing and Property, Criminal Law, Defamation and Protecting Reputation, Domestic Violence Orders, Employment Law, Family Law, Federal, Immigration, Litigation, Neighbourhood Disputes, New South Wales, Northern Territory, Personal injury, Personal Property Securities, Practice Management, Publication Updates, Queensland, Security of Payments, South Australia, Tasmania, Trade Marks, Victoria, Western Australia, Wills and Estates Tagged With: Client Service Agreement, costs agreements, costs disclosure, Increase legal rates

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