Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Reasonable fee factors

9.1

The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following:

(a)

the time and labour expended:

(b)

the skill, specialised knowledge, and responsibility required to perform the services properly:

(c)

the importance of the matter to the client and the results achieved:

(d)

the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client:

(e)

the degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved:

(f)

the complexity of the matter and the difficulty or novelty of the questions involved:

(g)

the experience, reputation, and ability of the lawyer:

(h)

the possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients:

(i)

whether the fee is fixed or conditional (whether in litigation or otherwise):

(j)

any quote or estimate of fees given by the lawyer:

(k)

any fee agreement (including a conditional fee agreement) entered into between the lawyer and client:

(l)

the reasonable costs of running a practice:

(m)

the fee customarily charged in the market and locality for similar legal services.