Costs Agreements

Recent developments in caselaw concerning costs agreements in Western Australia emphasise the need for strict compliance with the requirements of Part 10 of the Legal Profession Act 2008 (WA) (“the LPA”).  

The consequences of non-compliance (even inadvertent non-compliance) are severe.  For example,  where costs agreements are set aside, costs are re-assessed in accordance with the relevant legal costs determinations, often leading to very significant refunds that can impact on the very survival of law practices and the ability of practitioners to continue to hold practising certificates.

LPA Precedent Packages

Coulson Legal has developed comprehensive LPA Precedent Packages.  We offer these to law practices to assist compliance with the obligations arising from Part 10 of the LPA, to assist in greater recovery of costs between party and party, and to minimise the possibility of solicitor and client disputes.  The packages are tailored to your law practice and are specific to various areas of law.  For example, our most popular package is our combined package for litigation and non-contentious matters, which includes:

  1. Precedent costs agreements for both litigious and non-contentious matters for clients where disclosure is required under the LPA;
  2. A Master Costs Agreement (general retainer) precedent for sophisticated clients and a Specific Instruction Notice (confirming specific instructions), for clients where disclosure is not required under the LPA;
  3. Cover letters and notices of increase of rates for each of the above precedent agreements;
  4. Templates for itemised and lump sum accounts; 
  5. A checklist;
  6. A USB containing word versions of each of the precedents referred to above; and
  7. A comprehensive memorandum of advice in relation to the obligations pursuant to Part 10 of the LPA.

We have other packages for specialised areas, including family law, criminal law and hybrid fixed fee/time costing packages.  Most family law practices opt for the combined Family Law/Criminal Law package, as VRO matters require criminal law disclosures.  

Please contact us if you would like to enquire about our fixed fee LPA Precedent packages. We also provide fixed-fee in-house seminars in relation to costs compliance matters.