Compliance advice

Are you confident that lawyer-client cost obligations are being met?

The relationship between a lawyer and client is a fiduciary relationship, where the client places his or her trust in the lawyer. That is why we can’t neglect the importance of compliance advice.

Legal practitioners have obligations they must uphold. These include acting in the best interests of the client, maintaining confidentiality and not profiting from the position of trust at the expense of the client. Lawyers also have specific obligations concerning legal costs.

At Blue Ribbon Lawyers, we provide compliance advice to ensure lawyers are complying with the obligations regarding costs agreements and disclosure.

Lawyers have an obligation to a client to:

• Charge costs that are fair and reasonable
• Provide the client with a costs agreement
• Advise the client of their rights to negotiate the costs agreement and challenge costs in the event of a dispute
• Disclose the basis on which their fees will be charged (hourly rate/fixed fee/other basis)
• Provide an estimate of the total legal costs (including solicitor’s fees, expenses, and barrister’s fees) likely to be associated with the matter
• Inform the client of any significant changes in the estimated costs as they occur
• Advise the client of the right to seek independent advice if the costs agreement is a ‘no win, no fee’ agreement
• Disclose that the fees charged may exceed regulated fees in certain types of matters (eg. workers compensation claims and motor accident claims)

If any of these areas concern you as a legal practitioner or client, it’s important to seek expert assistance.

Speak to the experts at Blue Ribbon Legal for compliance advice

For general or specific compliance advice from Blue Ribbon Legal, please get in touch with our team here or call on (02) 8599 3100 OR (03) 9969 3100.