Costs agreement and disclosure precedents

12/11/2007

The Bar Association's web site now�includes�precedents for barristers' costs agreements and disclosures. They�are offered in response to requests for precedent costs disclosure documents and costs agreements under Part 3.2 of Legal Profession Act 2004.�

The precedents include variations for conditional costs agreements (s323) and also for cases where a ‘sophisticated client’ exemption from disclosure applies (ss302, 312(1)(c) & (d) and related provisions).

It is assumed that a barrister using the precedents will be a member of the NSW Bar Association and obliged to publish the usual professional standards endorsement. It is also assumed that the jurisdictional requirements of Part 3.2 are satisfied.�

No precedents are offered for disclosure without costs agreement, but the precedents may be adapted if a barrister wishes to follow that course. Costs agreements are not mandatory, but they provide greater certainty than mere compliance with statutory disclosure requirements (s319).�

No precedents are offered for disclosure or agreement where an uplift fee is charged (s324).�

These documents were last revised on 1 July 2007

For more information, visit the Guidance on legal costs and billing page >>

12 November 2007