Check a lawyer's costs disclosure and costs agreement before you sign, and keep track of the matter once it starts.
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Run through this checklist with the costs disclosure and costs agreement in front of you, before you sign and pay any money into trust. Each line matches an obligation that Australian legal profession laws place on lawyers or a common source of later disputes.
How to use it. Tick an item only when the answer is in writing. If something is missing, ask the firm to add it to the disclosure or confirm it by email. You are entitled to negotiate a costs agreement and to take time to read it.
Worked example. You are offered a no win no fee agreement for a personal injury claim. The disclosure says professional fees are about $28,000 and the uplift is 25%. On the checklist you find no definition of 'successful outcome' and nothing about disbursements if the claim fails. Asking those two questions before signing can save thousands: some agreements make the client pay disbursements even if the claim is lost.
Limits. Disclosure thresholds differ: under the Uniform Law (NSW, Victoria, WA) written disclosure is required when costs are likely to exceed $750, and in Queensland when they are likely to exceed $1,500 (both excluding GST and disbursements). Commercial and government clients get less protection. This checklist is general information, not legal advice.
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The Uniform Law disclosure thresholds of $750 and $3,000, Queensland's $1,500 rule, what a disclosure must contain, updates, and what happens if a lawyer fails to disclose.
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Ten common patterns behind blown legal budgets and bill disputes in Australia, each with an illustrative case, the arithmetic of what it cost and the step that prevents it.
