Stephen Warne on professional negligence, regulation and discipline around the world

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Entries Tagged as 'No win no fee'

What can barristers charge for?

April 21st, 2017 · No Comments

I gave a presentation at the really well organised Junior Bar Conference this year.  The Bar sought questions which the junior barristers who attended wanted answers to.  One question, which I thought odd, but which I answered  earnestly, was ‘What can a barrister charge for?’  This was my answer: The starting position is freedom of […]

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Tags: Costs agreements · Costs Court · costs disclosure defaults · costs disputes · Legal Profession Uniform Law · No win no fee · Professional fees and disbursements · Wasted costs

The latest on pro bono costs agreements which preserve the possibility of a costs order against the other side

March 8th, 2017 · No Comments

For far too long, the law was unclear about whether costs agreements which said ‘We’ll only charge you if you win and only for work in respect of which we get a costs order’ actually worked.  The problem was that losing parties invoked the indemnity principle in the law of costs, arguing that what was […]

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Tags: Costs agreements · Indemnity principle · No win no fee · Party party costs · Professional fees and disbursements

What does ‘pro bono’ mean? Are ‘semi-pro bono’ costs agreements legally efficacious?

April 29th, 2014 · No Comments

Hidden away in Trkulja v Efron [2014] VSCA 76, at footnote 49, is a little dictum of the Chief Justice and Justice of Appeal Santamaria which explains their Honours’ understanding of the term ‘pro bono’: ‘In current legal practice, the expression ‘pro bono basis’ is understood to refer to the basis where a practitioner offers […]

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Tags: Costs agreements · No win no fee · Party party costs · pro bono · Professional fees and disbursements

Client joy to abound in draft national profession legislation’s costs provisions

September 11th, 2011 · 3 Comments

For a long time after the new national profession legislation is introduced, if it is introduced in its present form, many lawyers are likely to find themselves restricted to charging scale, and not being able to recover their costs until there has been a taxation in the Costs Court, even when they have negotiated a […]

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Tags: Costs agreements · costs disclosure defaults · costs disputes · No win no fee · Professional fees and disbursements · setting aside costs agreements · Solicitor client bills of costs · Taxations · The suit for fees

Victorian Supreme Court takes relaxed approach to conditions for validity of no-win no-fee costs agreements

June 25th, 2011 · No Comments

Legal Services Board v DF [2011] VSC 292 will be of considerable interest to those who draft and work within no-win no-fee retainers. Justice Karin Emerton found that though Victoria’s repealed Legal Practice Act, 1996 implicitly prohibited the charging of uplift fees otherwise than upon a ‘successful outcome’  it was open to parties to provide […]

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Tags: Costs agreements · Legal Practice Act · Legal Profession Act · No win no fee · Professional fees and disbursements

Solicitor’s equitable charge to secure fees declared void

October 19th, 2009 · No Comments

The plaintiff in Brott v Shtrambrandt [2009] VSC 467 is not having much luck.  First of all, he cut what he thought was a plea bargain in a professional misconduct prosecution only to have VCAT’s Legal Practice List increase by 50% the penalty he and the Law Insitute had agreed jointly to contend was appropriate, […]

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Tags: Costs agreements · No win no fee · Professional fees and disbursements · Retainers · setting aside costs agreements

Termination of a no-win no-fee retainer

May 18th, 2009 · 1 Comment

Mr Burmingham is the subject of three posts already.  They dealt with three discrete aspects of his case, Maurice B Pty Ltd v Burmingham [2009] VSC 20: a titillating detail, advocates’ immunity, and the nature of the suit for fees.  But his case was really mostly about what happens when a no-win no-fee costs agreement […]

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Tags: costs disputes · No win no fee · Professional fees and disbursements · Solicitor client bills of costs · Taxations · The suit for fees

On blogging

February 15th, 2008 · 2 Comments

The other day, I did a very geeky thing which was also a bit unonline. I had a coffee with fellow lawyer blogger, the mysterious Legal Eagle. One result of the coffee was that somehow I charmed her into writing a second case note of interest to readers of this blog — this time on […]

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Tags: Law Blogs · No win no fee · Professional fees and disbursements · Retainers · setting aside costs agreements

Rotten one day, perfect the next: Queensland’s complaints system

March 25th, 2007 · No Comments

Now, that’s a cheap headline, I know, but I couldn’t resist. Queensland Legal Services Commissioner John Birton’s recent speech extolling the virtues of his office does read a bit like that, but probably deservedly so. The statistics he quotes speak for themselves: he’s not falling prey to the tendency of some regulators to drown in […]

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Tags: Discipline · No win no fee · Professional fees and disbursements · Professional regulation

Labour law firm confirms $1 million bonus to partner on class action win

March 17th, 2007 · No Comments

A leading Melbourne labour law firm has confirmed paying its best known partner a $1 million bonus for procuring a settlement of the Dow Corning breast implants class action. Nothing wrong with that, by the way; I mention it only for prurient interest and to provide some context to the work the firm does pushing […]

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Tags: No win no fee · Professional fees and disbursements