A conditional cost agreement may provide that the payment of part or all legal costs depends on the favourable outcome of the case to which these costs relate (see ss181-182 of the Single Act). The following fees are available to all practitioners through the Legal Services Council: If you do not pass your fees on to your client correctly or if you do not pay them at all, your cost agreement (if any) is not valid. They will not be able to recover the costs until they are assessed, or we have found a cost dispute. You can also expect disciplinary action if you have counter-thieves against your obligations to your customers. According to Section 178 of the Act, the most serious consequence of a violation of the advertising provisions of the Single Act is that any cost agreement is non-avenue. In addition, the client must not bear court costs until the court or the legal judge has been audited (and the practitioner may only lead to an unpaid fee recovery procedure once the audit has taken place). As a general rule, the practitioner must bear the costs of the audit and non-disclosure may also result in a reduction in eligible costs, which is proportional to the failure. Finally, a serious violation of compliance may constitute unsatisfactory professional behaviour or misconduct. If your client`s legal case is likely to be between $750 and $3000, you can use the standard model for disclosing short-term fees. This saves you time and effort and meets your disclosure requirements. If your estimate exceeds $3,000, you must provide a full disclosure statement for the cost. A broken-down accounting application must be submitted within 30 days of the date of payment of court costs (see s187 of the Single Law).
The law firm must comply with a request for a detailed fee count within 21 days of the application date. A practitioner may only charge for a broken-down cost statement if the application is submitted by an uncompetized third party. See s171 of the Single Act for the definition of third-party payers. Previous LIV costs have been updated and are now available free of charge to LIV practicing members through your member portal. Please log in to access documents via the MyLIV area of the „Papers“ tab – see more detailed instructions below. Click here to access the corresponding cost scales. Before signing a conditional cost agreement, a client must be informed of his right to independent legal advice on the effect of the contract. Proactive cost management is one of the best safeguards against customer disputes, as a delay in paying accounts can be an indication of customer dissatisfaction or a client`s inability to pay court costs.
The awareness of the client`s dissatisfaction allows a lawyer to deal with the problems and thus avoid a possible future quarrel. Early awareness of the client`s financial difficulties allows a law firm to reduce losses by discussing with the client the fees they can pay, by proposing alternative pricing agreements or possibly ending the retainer. The right to the legal work levy derives from the retainer. The cost basis is based either on the terms of a cost agreement or on the basis of the „fair and reasonable“ value of the work (Quantum-Meruit basis). Your client has rights to his legal fees. In most cases, you should provide your client with a „expense statement“ in writing as soon as possible after your client has hired you. You must explain that the Legal Profession Uniform Law Application Act 2014 (Vic) (The Uniform Law) stipulates that legal practices must provide clients with information returns for the purpose of disclosing costs, both in litigation and in non-judicial matters. Specific advertising obligations are described in Division 3, ss174-177 of the Single Law. You need to be sure that your client understands how you handle your case and that your legal fees will be.