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THE CLIENT:            [insert client details]

THE FIRM:               Adamson Solicitors
                                19 Central Ave
                                MANLY NSW 2095

1.       DEFINITION

This legal services agreement is a “costs agreement” pursuant to the Legal Profession Act.

2.       RETAINER

2.1        The client retains the firm to act on the client’s behalf in relation to the client’s family law matter upon the terms and conditions set out below.

2.2        This agreement relates to work done on and after [insert date]

3.       PROFESSIONAL FEES AND CHARGES

3.1        The client agrees to pay professional fees for legal services calculated in accordance with the scale of charges set out in the attached Schedule. The client acknowledges that the rates set out in the Schedule may be increased from time to time. The firm will give the client prior notice of any increase.

3.2        The client acknowledges that units of time shall be charged for time spent on or incidental to work requiring the skill of a solicitor, for example (but not limited to) conferring, receiving instructions, advising, travelling to and from the office, negotiating, attending court, waiting time at court, appearing in court, telephone calls, drafting and settling documents and letters, reading documents and research. Units of time will be billed in multiples of [eg one tenth] of an hour and the client agrees that the minimum of [one tenth] of an hour shall be billed for each action carried out.

3.3       The client agrees to pay photocopying, fax, telephone and bank charges at the rates set out in the attached Schedule.

3.4       The client acknowledges that the client’s matter will be dealt with primarily by the solicitor with whom the initial discussion was held, or other solicitors as agreed. From time to time it will be appropriate for another solicitor in the firm to do some of the work associated with the client’s matter and the client agrees that when this occurs the appropriate rate for that solicitor, as set out in the Schedule, will apply.

3.5       Work done by secretaries of a clerical rather than secretarial nature (for example, telephone calls other than for the purpose of making appointments or arranging conferences, drafting short letters, organising title searches, arranging service of documents) will be charged. Secretarial work (for example, typing and calls to make appointments) will not be charged.

4.       DISBURSEMENTS

4.1       Unless there are funds held in the firm’s trust account, the client will pay to the firm upon request all out of pocket expenses (“disbursements”) which the firm has incurred or reasonably intends to incur in properly representing the client, for example court filing fees, Land Titles Office fees, courier and delivery charges and other necessary expenses.

4.2       The firm shall not be obliged to incur or pay any such disbursement unless and until the client has complied with that request.

5.       BRIEFING COUNSEL

5.1       The firm is authorised as agent for the client to brief counsel to appear, confer, advise and draw and/or settle documents provided that:

5.1.1       Except in circumstances of urgency or where it is otherwise impracticable, the firm shall discuss with and take into account the client’s wishes when briefing counsel and

5.1.2       Wherever practicable the firm shall not without the client’s prior approval brief counsel at a rate higher than fixed under the Legal Profession Act.

5.2       The client shall pay all counsel fees which are billed to the firm.

6.       RETAINING EXPERT WITNESSES

6.1       The firm is authorised as agent for the client to retain expert witnesses (eg psychologists, medical practitioners, accountants, valuers) to advise, report, confer and/or appear at Court provided that, except in circumstances of urgency or where it is otherwise impracticable, the firm shall discuss with and take into account the client’s wishes when retaining expert witnesses.

6.2       The client shall pay all expert witness fees which are billed to the firm.

7.       RETAINING AGENTS

7.1       The firm is authorised as agent for the client to retain an agent if necessary provided that:-

7.1.1       Except in circumstances of urgency or if it is otherwise impracticable, the firm shall discuss with and take into account the client’s wishes when so engaging an agent; and

7.1.2       Wherever practicable the firm shall not without the client’s prior approval so engage an agent at a rate higher than is permissible under the Legal Profession Act.

7.2       The client shall pay all agent fees which are billed to the firm.

8.       GOODS AND SERVICES TAX (“GST”)

If GST is payable in relation to any professional fees and charges, disbursements, counsel fees, expert witness fees and/or agent fees, an amount equal to such GST shall be added and be paid by the client.

9.       INTERIM ACCOUNTS

Unless otherwise agreed:

9.1       The firm shall send the client interim accounts on a regular basis during the conduct of the matter.

9.2       The client shall pay accounts within 14 days of the date of the account (“the due date”).

10.     INTEREST ON OVERDUE ACCOUNTS

The client acknowledges that any account not paid in full by the due date incurs interest from the due date until payment in full at the interest rate prescribed under the Legal Profession Act.

11.     FIRM’S DUTIES

11.1       The firm shall carry out the work required with professional skill and diligence.

11.2       The firm shall as far as practicable keep the client fully informed of the progress of the matter.

12.     TERMINATION OF AGREEMENT BY CLIENT

12.1       The client may terminate this agreement and withdraw his/her instructions at any time and for any reason.

12.2       If the client terminates this agreement any fees owing to the firm shall become immediately due and payable.

13.     CEASING TO ACT

Without limiting the circumstances in which the firm is otherwise by law entitled to cease to act for the client, the firm will no longer be required to act for the client if:-

• The client unreasonably refuses to act in accordance with the firm’s advice;
• An amount in excess of $1,000.00 in respect of any account is outstanding to the firm for more than 60 days from the due date;
• The client does not within 7 days comply with a request to pay a disbursement under Clause 4 or a pre-payment under Clause 15 of this agreement;
• The client requires the firm to act unlawfully or unethically; or
• The client fails to give the firm adequate instructions;

and in that event:

13.1       The firm shall not be obliged to take any further step in the conduct of the matter;

13.2       The firm shall be entitled to file a Notice of Ceasing to Act with the Family Court;

13.3       If the firm continues to act for the client or takes any further step on behalf of the client, it does so without affecting its rights under this clause;

13.4       Notwithstanding any agreement to the contrary, any fees owing to the firm shall become immediately due and payable.

14.     AUTHORITY TO RECEIVE AND DEDUCT

The client authorises the firm:

14.1       To receive on the client’s behalf any money due to the client in the course of or as a result of the proceedings;

14.2       To deduct from any such monies and to transfer to the firm’s own account such amount or amounts as are necessary to pay the firm’s costs and disbursements in accordance with this agreement.

15.     PRE-PAYMENTS

15.1       The client shall pay into the firm’s trust account upon signing this agreement any pre-payment requested by the firm on account of future fees, disbursements, counsel fees, expert witness fees and/or agents fees.

15.2       The firm may from time to time request further pre-payments and the client shall within 7 days of such request pay the amount requested into the firm’s trust account.

15.3       The firm is authorised to transfer monies held in its trust account on behalf of the client to pay counsel fees, expert witness fees and/or agents fees or other disbursements incurred on the client’s behalf, and to meet accounts (including interim accounts) rendered to the client by the firm from time to time.

15.4       Should the total amount of any pre-payment(s) exceed the firm’s costs, the firm shall refund the balance to the client upon completion of the matter.

15.5       At various stages of the matter the client will be provided with an estimate of future fees. The client is entitled, without charge, to seek an estimate of future fees, but such estimates shall not be deemed to be a binding quotation.

16.     LIEN

Without affecting any lien to which the firm is otherwise entitled at law over funds, papers and other property of the client in the firm’s possession:-

16.1       The firm shall be entitled to retain by way of lien any funds, property or papers of the client which are from time to time in its possession or under its control until all costs, disbursements, interest and other monies due to the firm have been paid;

16.2       The firm’s lien will continue notwithstanding that the firm ceases to act for the client in accordance with Clauses 12 or 13.

17.     ORDERS FOR COSTS IN THE PROCEEDINGS

If in the proceedings to which this agreement relates an order is made requiring another party to the proceedings to pay the client’s costs (or any part thereof) of the proceedings, that order shall not affect the client’s obligation to pay the firm’s accounts as rendered to the client in accordance with this agreement.

18.     CONTINUATION OF AGREEMENT

18.1       Even though interim accounts may be rendered from time to time, this agreement will continue in force unless and until terminated in accordance with its provisions.

18.2       This agreement shall be binding upon the heirs, executors, administrators and assigns of each party.

19.     ACKNOWLEDGMENTS

The client acknowledges and confirms by signing this agreement that:

19.1       The client has received, read and understood the Agreement.

19.2       The client has been advised of the availability of independent legal advice as to the legal and practical nature and effect of this agreement and as to whether or not it is in the interests of the client to enter into it; and that it is in the interests of the client to obtain such advice before entering into this agreement;

19.3       Each account rendered shall be regarded as a final account for work done as described in the account and any information included in the account, setting out details of amounts owing in respect of previous accounts shall not, for the purposes of the Legal Profession Act or any subsequent determination, form part of the later account;

19.4       The firm may be obliged to disclose to the Court and other parties the contents of this agreement and the source of the funds used to pay the client’s costs.

SIGNED …………………………………………………………..
by the client (after having read and accepted the above)

in the presence of ……………………………………………….

SIGNED on behalf of the firm by ………………………………

in the presence of ……………………………………………….

1.       Drawing (drafting) documents:

(a)       Court document $40.00 per page or part thereof;

(b)       other document $ 25.00 per folio (100 words) or part thereof.

2.       Engrossing (typing) documents:

(a)       Court document $85.00 per page or part thereof;

(b)      other document $25.00 per folio or part thereof.

3.       Drafting and typing:

(a)       short letter (up to 100 words in length) $40.00;

(b)       circular (copy) letter (up to 100 words in length) $30.00;

(c)      any other letter $60.00 per folio.

4.       Telephone calls and attendances:

(a)       continuing up to 6 minutes $25.00;

(b)       continuing for more than 6 minutes: at the rate of $200.00 per hour.

5.        Perusing (reading and considering) correspondence and other documents:

(a)       each page of a court document: $50.00;

(b)       correspondence and other documents: $40.00 per folio.

6.       Scanning of documents (where perusal is not necessary): $25.00 per page.

7.       Photographic reproduction, carbon or other copy of a document: $0.50c per page.

8.       Facsimile transmissions: $1.00 for the first page and $0.50c for each subsequent page.

9.       Receiving facsimile transmissions: $0.50c per page.

10.       Professional time spent by a solicitor in relation to items not referred to above (such as time spent in conference, receiving instructions, advising, appearing at court, negotiating, inspecting documents, instructing counsel, reviewing letters and documents, preparing briefs, and research) at the rate of $220.00 per hour, inclusive of GST.