Lawcovernotes March 2020

What if the costs exceed $3,000.00 excluding GST and disbursements? As soon as practicable after you become aware, or ought to have reasonably become aware, that total legal costs (excluding GST and disbursements) are likely to exceed $3,000.00 you must: ^ Inform the client in writing of that expectation ^ Make the disclosure required by S174(1) above I am trying to settle a litigious matter; are there any other considerations? Yes. If you negotiate the settlement of a litigious matter for a client, before the settlement is executed you must disclose to the client: ^ A reasonable estimate of the costs payable by the client if the matter is settled (including the legal costs of another party that the client will be required to pay) ^ A reasonable estimate of any contributions towards those costs likely to be received from another party. What if I have not complied with my disclosure obligations? ^ The costs agreement with your client is void. ^ The client, or an associated third- party, is not required to pay your legal costs until they have been assessed, or any dispute has been determined, by the designated local regulatory authority. ^ You must not commence, or maintain, proceedings for the recovery of any or all legal costs until they have been assessed or any related dispute has been determined either by the designated local regulatory authority or under jurisdictional legislation. ^ Failure to disclose may constitute unsatisfactory professional conduct or professional misconduct on the part of any principal of the law practice, legal practitioner associate or foreign associate involved in the contravention. Jennifer Baker Claims Solicitor 15. 1 s179 Legal Profession Uniform Law (NSW) 2 s174(1)(a) Legal Profession Uniform Law (NSW) 3 s174(1)(b) Legal Profession Uniform Law (NSW) 4 s 174(2) Legal Profession Uniform Law (NSW) 5 s 174(3) Legal Profession Uniform Law (NSW) 6 s 174(4) Legal Profession Uniform Law (NSW) 7 s174(7) Legal Profession Uniform Law (NSW)