Ireland as Executor of the Estate of the Gordon v Retallack [2011] NSWSC 1096 is the subject of this sister post. I thought this paragraph might also come in useful for litigators and costs lawyers:
’19. The fault is not however entirely that of [the solicitors]. Professional experts have an obligation to behave promptly, frankly and openly when or if they become aware that their estimate of fees and expenses is likely to be materially exceeded. They must inform their principal and provide an opportunity for an informed choice to be made – whether or not to proceed with the engagement or to re-negotiate its terms and extent. It is commercially unacceptable for a professional expert to remain silent, to complete the work and then to present a bill significantly in excess of the original estimate – as if it were a fait accompli. Such conduct is unacceptable whether it is merely forgetful, or just sharp.’
See also:
- Application to set aside costs agreements for disclosure defaults fails
- $19,500 fine for making complaint against lawyer without adequate evidentiary foundation
- Solicitor gets away with fees of $83,000 after estimating at $2,500 and never updating
- No estimate of fees at outset results in 15% being knocked off
- Court of Appeal sets aside unduly harsh outcome in gross overcharging prosecution
In other words, tell us if it's going to cost a fortune to get you to court – don't surprprise us!