Qld Lp - Wk 6 Billing Practice Questions 2023

Over-servicing, over-charging, work not carried out -Legal Services Commissioner v Keddie [2012] NSWADT 106 -Scroope v Legal Services Commissioner [2013] NSWCA 178 -NSW Law Society v Foreman (1994) 34 NSWLR 408 -Queensland Law Society v Roche [2003] QCA 469 {Ans: }Why might lawyers overcharge? -Misunderstanding duties -Clash of interests -Pressures of a corporatized environment -Personal difficulties {Ans: }Calculating Fees o Cannot have a contingent fee based on a percentage of pl gain; s325 o Cannot agree with client that lawyer will be paid out of court earnings; s325 o No win-no fee is OK, but time must be charged in lump sum, court scale or time-costed See Council of the QLS v Roche o Conditional costs agreement possible: x fee and y fee if successful uplift cannot exceed 25% of costs; s324 o Clyne v NSW speculative action (no win no fee) OK, but a percentage of winnings is impermissible o Jorgensen v Baker Johnson Excessive charge in no win no fee case was overruled by court- introduction of 50/50 rule; s347 LPA o ASIC v Citigroup Global Markets Aust P/L Full disclosure of time-costing required due to fiduciary relationship; client must understand full implications etc {Ans: