New Legislation
New Legislation designed to protect consumers of legal services took effect from 1 July 1998. This legislation (incorporated in the Queensland Law Society Act 1952) requires, in most cases, a written agreement governing the conduct of your legal matter to be entered into between you and your solicitor. Before you enter into the agreement, your solicitor must give you the customer information called "Important Notice to Client" contained in this brochure

The new rules set out an assessment process to follow if you think that your solicitor's bill is too high and you wish to challenge it (see Queensland Law Society brochure entitled "Solicitor's Costs").

Your written agreement with your solicitor should include:

• The work to be carried out
  
• Who will do the work for you?
  
• The costs of the work to you or how these fees will be calculated.
  
• Your obligations in relation to payment of accounts.
  
• If your matter involves litigation, the costs that you may have to pay the other side or that the other side may have to pay you.
  
• Any amounts that your solicitor will incur on your behalf, for example, stamp duty, filing fees, barrister's fees.
  
• An estimate of the total amount you will have to pay.

There are some cases where the agreement is not required by law to cover all of these areas and a notice is not required to be given to a client. For example, where the client is the Commonwealth or State Government, a public company or a subsidiary and partnerships or joint ventures involving those parties.

No agreement is required when the work is urgent or the legal fees are $750 or less.

If you experience problems with the service from your solicitor, it is best to try to work those problems out with the solicitor or with someone else in the law firm. Some firms have a contact outside of the firm who handles client complaints. If this is the case you will be directed to that person. If your problems are not addressed to your satisfaction, the Queensland Law Society can recommend other courses of action for resolution of your dispute. However, the Queensland Law Society can not advise you about entering into an agreement with your solicitor or the content of that agreement.

Important Notice to Client
To:
Pursuant to Section 48(4) Queensland Law Society Act 1952

• Who to contact if there are problems

1. You may contact the Queensland Law Society if you have a complaint about the fees and costs charged or the work performed by your solicitor of firm.
2. Here are the phone numbers and postal address of the
Queensland Law Society:
Phone: (07) 3842 5888

Postal Address:
GPO Box 1785
Brisbane Old 4001

• Client able to negotiate agreement and get legal advice

3. You have the right to negotiate this client agreement with your solicitor of firm before you sign it.
4. You may obtain independent legal advice before signing this client agreement.

• Client able to change solicitor of firm

5. You may change solicitor of firm at any time even if this client agreement says otherwise.
6. If you change solicitor of firm, it is important for you to give your original solicitor of firm notice of the change as out original solicitor of firm may charge and recover fees and costs from you for work done before notice is given
7. Your original solicitor of firm may keep your file until you pay all fees and costs or reach an agreement about paying them.

• Agreement about who will do legal work

8. This client agreement must state the names and status (for example, partner/associate/employed solicitor/articled clerk/paralegal/consultant) of the people who will do the legal work.

• Agreement about fees and costs payable for work

9. This client agreement is the basis for determining how much you pay for the work done by your solicitor or firm.
10. A client agreement may set a lump sum amount for fees and costs.
11. Otherwise, the client agreement must state the basis on which fees and costs will be calculated (whether or not including a lump sum) and give either:

• An estimate of the total amount of fees and costs likely to be payable for the work; or
  
• If it is not reasonably practicable to estimate the total amount of fees and costs likely to be payable for the work - a range of estimates of the total of fees and costs likely to be payable for the work and an explanation of the significant variables that will affect the calculation of the amount.
  

12. However, your solicitor or firm is not bound by the estimation or range of estimates given in this client agreement.
13. Extraordinary items of work not normally done for similar work must be expressly approved by you even if this client agreement says otherwise.
14. Clause 13 has no application if this client agreement sets a lump sum amount only for fees and costs.

• Agreement about type and frequency of amounts

15. An account from your solicitor or firm must be in the form agreed to in this client agreement or must clearly set out all items of work done for you and the amount charged for each item.
16. If a form of account is agreed to, it must be a form resulting in the inclusion in each account of sufficient details of the work done to allow you to decide whether the fees and costs in the account are reasonable.
17. This client agreement should state the intervals for giving you accounts.

• Advice if work includes litigation

18. If the work involves or is likely to involve litigation, this client agreement must include an explanation and estimate of the range of costs you may recover from another party if you are successful or you may be required to pay the other party if you are not successful.
19. Also, if your solicitor agrees to do the work on a speculative basis, this client agreement must include the terms and conditions on which fees and costs become payable by you.

• Agreement may be amended

20. This agreement may be amended if you and your solicitor or firm agree to the changes in writing.

• Challenging the amount of an account

21. You may formally challenge the amount of an account by applying to the Solicitors Complaints Tribunal for the appointment of a costs assessor to assess the account.
22. If you do this, you can not subsequently challenge the validity or enforceability of this agreement.
23. This means that before applying for the appointment of a costs assessor, you should consider, and, if necessary obtain advice about, whether there are grounds for challenging the validity or enforceability of this agreement.

• When client may be sued for outstanding fees and costs

24. Generally, before your solicitor or firm may sue you for outstanding fees or costs, more than one month must have passed from the time you were given the account.
25. However, your solicitor or firm may ask the court for permission to sue before that time.

• Can a client be sued for outstanding fees or costs if the client has applied to the Solicitors Complaints Tribunal for an assessment?

26. Generally, your solicitor or firm may not sue you for an outstanding account if you have applied to the Solicitors Complaints Tribunal for the appointment of a costs assessor to assess the account and the assessment has not concluded.
27. However, your solicitor or firm may ask the court for permission to sue.

• Other remedies

28. You may have other remedies against your solicitor or firm concerning this agreement or the work done under it.
29. You may obtain independent legal advice about the remedies available.