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Ethics and Practice management

Disputed Cost Agreements

Disputed Cost Agreements

Can you rely on your costs agreement in a dispute?

(published in adapted format in Law Society Journal, May 2010, Volume 48, page 34)

This article examines a number of significant recent judicial decisions in New South Wales and Victoria that provide direction to practitioners on when they can rely on a valid Cost Agreement should a dispute arise regarding costs. The facts and findings of each of these recent decisions also provide guidance as to the types of situations where practitioners should pay extra attention to ensuring the validity and integrity of their retainer and, ultimately, their ability to recover costs.

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Cost Law Services Sydney

Corporate or Government Solicitors

Can you object to the costs of in-house corporate or government solicitors on the basis of the indemnity principle and reduce the hourly rates to the solicitorís actual salary or by reference to a scale.

New disclosure requirements and the indemnity principle

New disclosure requirements and the indemnity principle

It’s seriously time to get your costs agreements in order

Also published in adapted format in Law Society Journal, December 2006, Volume 44, page 46

In the context of the Wentworth decision, of stricter disclosure requirements under the Legal Profession Act 2004 and of the recommendations of the Legal Fees Review Panel regarding defective disclosure (and defective ongoing disclosure), defective disclosure practices may no longer result only in an increased party/party solicitor/client gap on assessment but, quite possibly, result in referral of the legal practitioner to the Legal Services Commissioner, together with a reduction in the amount recovered.

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