New Ethics Flashcards
What gives the power for making rules as to legal practitioners in Queensland?
Section 220 Legal Profession Act.
Bar association may make rules about legal practice in this jurisdiction engage in by Australian legal practitioners.
Who is bound by legal profession rules?
Section 227(1) Legal Profession Act.
Binding on Australian Legal practitioners, Australian registered foreign lawyer and government legal officers
What can failure to comply with legal profession rules consitute?
Section 227(2) Legal Profession Act.
Unsatisfactory professional conduct or professional misconduct
Can a barrister receive trust money?
Section 246 Legal Profession Act.
No; but barrister can receive money as payment for legal services
What are the main purposes of part 3.4, Legal Profession Act?
Section 299 Legal Profession Act.
- disclosures of costs agreement
- regulate costs agreements
- regulate billing
- assessment of legal costs and setting them aside
- maximum payment for speculative personal injury claim
What is a conditional costs agreement definition?
Section 300 LPA: Definitions for pt 3.4 AND
Section 323 LPA: Conditional Costs Agreements
agreement for payment of some/all costs conditional on successful outcome per s 323LPA but not to the extent of 325(1) LPA.
What matter can and can’t conditional cots agreement relate to?
Section 323 LPA
Can have conditional costs agreement for any matter except criminal law or proceedings under family law act.
What is the detailed disclosure threshold amount?
Section 300 LPA: Definitions for pt 3.4
$3000 as no amount prescribed under regulation
What is the disclosure threshold amount?
Section 300 LPA: Definitions for pt 3.4
$1500 as no amount prescribed under regulation
What is an itemised bill?
Section 300 LPA: Definitions for pt 3.4
Bill that sets out in detail how legal costs are made up in a way that would allow them to be assess under division 7
What is the first instruction rule?
s 302 LPA Application of part - first instructions rule
Applies to a matter if client first instructs the law practice in relation to the matter in this jurisdiction
When can application of part 3.4 LPA occur if first instructions rule does not apply?
s 303 LPA
If the part does not currently apply to the matter or not possible to decide jurisdiction in which client first instructs the law firm
and;
the legal services provided will be wholly or primarily in the jurisdiction; and or;
the matter has a substantial connection to the jurisdiction
and
the client accepts to enter into an agreement under sub 2(a) of s 303
or
the client gives notice under sub 2(b)
which allows the client to enter into an agreement that this part applies to this matter
When is costs disclosure not required?
s 307A LPA
Costs excl disbursements and GST, not likely to exceed disclosure threshold amount ($1500 per s 300 LPA Definitions)
When can an abbreviated costs disclosure be done?
s 307B LPA
Costs exclusive of disbursements and GST, not likely to exceed detailed disclosure threshold amount. ($3000 per s 300 LPA Definition).
What is required of an abbreviated disclosure of costs?
s 307B LPA
- General terms; legal services provided
- Basis on which costs will be calculated including whether a scale of costs applies
- Estimate of costs
- Estimate of disbursements
- Client’s right to negotiate cost, receive a bill, request itemised bill, be notified under s 315 LPA of any substantial change to matters (ongoing obligation to disclose)
When must a detailed disclosure of costs be done?
s 308 LPA
Costs exclusive of disbursements or GST, likely to exceed detailed disclosure amount ($3000 per s 300 LPA Definition)
OR
Such costs likely to exceed the lower, disclosure threshold amount ($1500) and an abbreviated disclosure is not made (under s 307B).
