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Legal costs— client’s right to know
Each of our clients has the right to:
- negotiate a costs agreement with us;
- receive a bill of costs from us;
- request an itemised bill of costs after the client receives a lump sum bill from us;
- request written reports about the progress of the client’s matter and the costs incurred in the matter;
- apply for costs to be assessed within 12 months if the client is unhappy with our costs;
- apply for the costs agreement to be set aside;
- accept or reject any offer we make for an interstate costs law to apply to the client’s matter; and
- notify us that the client requires an interstate costs law to apply to the matter.
For more information about these rights, please read the fact sheet titled Legal Costs—your right to know. A copy of the fact sheet can be requested from us, or obtained from the client’s local law society or law institute (or downloaded from their website).
Interest
If our costs are not paid within 30 days after a bill is sent, interest will be charged on the amount unpaid at the maximum rate prescribed under the Legal Profession Regulation 2005.
Retention of client documents
We will, on completion of the work, retain any papers left in our possession (except documents deposited in safe custody) for no more than 7 years. We will hold the documents on the undertaking that we have authority to destroy the file 7 years after the date of the final bill rendered by us in the matter.
Termination
We will not continue to do work if our bills are not paid, if we are not provided with adequate instructions, or if we have lost the confidence of our client. We will give at least 14 days' notice of our intention to terminate our retainer, and of the grounds on which the notice is based. The client will be required to pay our charges for work done, and for expenses incurred, up to the date of termination.
The client may terminate our retainer in writing at any time, in which case the client must pay our charges and expenses incurred up to the time of termination.
Engagement of another law practice (eg barrister)
It may be necessary for us to engage the services of another law practice to provide specialist advice or services, including advocacy services or to act as our agent. We will consult our client as to the terms of that law practice’s engagement, but the client may be asked to enter into a fee agreement directly with the other law practice. The law practice engaged by us will disclose costs in a similar manner and we will disclose those costs to the client.
Privacy
Personal information about out clients which comes into out possession will be dealt with in accordance with out privacy policy.
Liability Limited by the Solicitors Scheme, approved under the Professional Standards Act 1994 (NSW)
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