Costs Agreement between Barrister and Client, s. 180(1)(a)

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    1. Costs Agreement between Barrister and Client, s. 180(1)(a)

Costs Agreement between Barrister and Client

Between: [name of barrister] (‘the Barrister’) [Ref. No. ]

And: [Client], (‘the Client’)

Re: [Matter].

The Client proposes to retain the Barrister directly in the above matter. This is a costs agreement between the Barrister and the Client under the Legal Profession Uniform Law (NSW) (‘UL’), section 180(1)(a).

  1. This agreement applies to legal services provided by the Barrister in connection with or arising out of the above-mentioned matter.

  2. The Client acknowledges receipt from the Barrister of:

    1. the Costs Disclosure Notice set out as Schedule 1 to this agreement; and [If a government or commercial client exemption applies, this sub-clause and the Schedule may be omitted.]

    2. the Direct Access Disclosure set out as Schedule 2 to this agreement. [Assumes applicability of Legal Profession Uniform Conduct (Barristers) Rules 2015 r 22.]

  3. The Client shall pay the Barrister:

    1. [set out basis of charging – see separate note on the Costs and Billing web page]

    2. The cost of any [specify billable disbursements for expenses – e.g. travel, accommodation and incidental expenses in connection with any attendance outside Sydney].

    3. The amount of any applicable goods and services tax, which shall be added to each of the above.

  4. [If the costs agreement is conditional:
    Payment of the Barrister’s costs [other than in respect of expenses] is conditional on the successful outcome of the matter. The circumstances constituting successful outcome are: [set out those circumstances – e.g. verdict, judgment, settlement or any other arrangement entitling the client to any relief, remedy or benefit relating to the subject matter of the proceedings (other than being relieved of an adverse party’s potential claim for costs).] If the Barrister on reasonable grounds considers that the Client has unreasonably rejected a reasonable offer of compromise contrary to the Barrister’s advice, the last preceding clause does not apply to costs for any legal services provided after the Barrister gives notice to that effect to the Client.]

  5. [If the costs agreement is conditional, unless a commercial or government client exemption applies:
    The Client has been informed that the Client has the right to seek independent legal advice before entering into this agreement. The Client confirms that the Client has been so informed. ]

  6. [If the costs agreement is conditional, unless a commercial or government client exemption applies:
    The Client has a cooling-off period of five clear business days during which the Client may terminate this agreement by written notice. If that happens, the Client must pay the Barrister’s costs in accordance with this Agreement for legal services (if any) performed before that termination and with the Client’s knowledge that the legal services would be performed during that period. Such costs are payable regardless of the outcome of the matter. ]

  7. [If the costs agreement is conditional and an uplift is required, comply with UL s 182: basis of uplift; estimate / range of estimates + explanation; limit of uplift. The uplift should only apply to costs the payment of which is conditional.]

  8. Interest is charged from date of invoice until payment at the rate referred to in UL s 195(4), but interest is waived if fees are fully paid within 30 days of invoice.

  9. The Barrister shall send invoices from time to time (a) at the Barrister’s discretion and (b) when requested by the Client. [If the costs agreement is conditional: An invoice may relate to costs that are still conditional, in which case those costs are not payable until the condition is satisfied but interest still runs from date of invoice.]

  10. Advocate’s immunity, where applicable, is preserved.

  11. The Barrister may review rates of charge after six months from the date of this agreement, but only to give effect to changes in the Barrister’s normal rate for the relevant type of work. If the Barrister and Client cannot then agree, the Barrister may return the brief.

  12. [If a sophisticated client exemption applies, the following may be added:
    The Client warrants that the Client is a government or commercial client within UL s 170.

  13. [If the costs agreement is made with an entity such as an accounting firm that may be acting for its own client, the following may be added:
    The Client’s obligations under this agreement are personal to the Client, regardless of any relationship that may exist between itself and any client of the Client. ]

  14. [If payment in advance is required, the following may be considered (NB: such payments can only be dealt with as provided by Legal Profession Uniform Law Application Regulation 2015 (NSW) cl 15, breach of which can be serious misconduct): The Barrister may from time to time notify the Client that the Barrister requires one or more specified amounts to be paid on account of costs but in advance of provision of corresponding legal services. The Barrister may specify when such amounts are to be paid. If any such amount is not paid within the specified time or (if no time is specified) within a reasonable time, the Barrister may suspend work and/or return the brief. The Barrister shall deal with any such payment in accordance with the Legal Profession Uniform Law Application Regulation 2015 (NSW) cl 15. Any interest earned on funds deposited by the Barrister in accordance with that clause shall belong to the Barrister.]

………………………….. ………………......................

[name of barrister] Client
Liability limited by a scheme approved under Professional Standards Legislation.

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