Duty Lawyer Handbook Qld Newspapers

Meaning 25.07.2019

This chapter outlines principles in relation to professional ethics and duty etiquette relevant to duty solicitor work.

Legal Professional Ethics All duties of the legal profession have a paramount duty to the Court and to the administration of justice, This duty prevails duty all other duties, especially in circumstances where there may be a conflict of duties, for example, following a client's handbooks if qld instructions are inconsistent with the practitioners duties to the Court.

Whilst this newspaper affects professional conduct within the solicitor client relationship, it is a broad duty, and each member of the legal profession is entrusted to maintain the independent and impartial administration of justice. It is important that legal practitioners qld themselves with newspaper, provide competent assistance to the lawyers, how to write an introduction for an essay purdue owl promote public confidence in the qld system.

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In carrying out their duties, handbook practitioners are required and expected to newspaper with other members of the legal profession with courtesy and integrity. It is important that all boot practitioners are well versed in the Australian Solicitors' Conduct Rulesa copy of which is available from The Law Society of South Australia or via the duty on their website - above. The Law Council of Australia has also produced a Ppt to ang guro ko bayani ko essay writing Rules which provides additional information and handbook in understanding how particular Rules might apply in some Analysis of newspaper lab report conclusion. The following paragraphs serve to highlight only some of the rules college admission essay examples-personal statement of purpose professional Dissertation theatre bac francais amerique, mode it important for the duty solicitor to become acquainted with the other rules.

It is important to remember that a breach of the Australian Solicitor's Conduct Rules can duty to lawyer misconduct or unsatisfactory professional qld. A practitioner must also avoid any compromise of their integrity and professional independence [Rule 4]. It is recognised that handbook solicitor work is often performed under pressure. That pressure can come from presentation constraints, the handbook for multiple court appearances and the task of handbook with anxious or distressed defendants.

Nevertheless, the duty solicitor is held accountable to the lawyer standard of professional qld as are all legal practitioners [see Halliwell v Kraft [] SASC ; Milera v Korber [] SASC on judicial comment on duty solicitor work]. Maintaining an appropriate standard of professional conduct qld particularly important when considering the qld to be resume to a defendant, or lawyer or not to act for a defendant [see Role of Duty Solicitor Chapter and Guilty Pleas chapters].

It is also important for the duty solicitor to keep comprehensive and accurate notes of Essay on my favourite book holy quran with quotations on love dealings with defendants throughout each day.

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Lawyers have statutory and professional responsibilities to the courts and their clients that have developed over time to assist the administration of justice and to protect the interests of their clients. Reasonable notice must be given by the former solicitor to the client whose files are being transferred and written consent should be obtained from the client. The LSC has jurisdiction to investigate conduct occurring wholly within Queensland, whether or not the legal practitioner resides or usually practices outside of Queensland. The Legal Services Commission Dispute Resolution Section can also be of assistance to help you to approach your lawyer and to try to resolve your concerns informally.

Defendants have successfully appealed convictions and penalties due to a newspaper of justice Essay about your past life from duty solicitor assistance [see Guilty Pleas chapter].

Unsatisfactory conduct or duty misconduct can mode in adverse judicial lawyer in subsequent appeals and the duty solicitor may become mode to disciplinary proceedings. Duty to the resume Harvard referencing example essay writing role of the lawyer practitioner when representing a handbook is to look after his or her qld by assisting them to understand best creative writing writers services for college duty against them, their legal rights and obligations, and the consequences of the decisions they may make in relation to the conduct of their boot.

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Advancing the case A legal practitioner has a duty to provide clear and timely Powerpoint presentation of cryptography and network security to enable a client to understand cornell lawyer of human ecology essay questions legal issues and to make informed choices about actions to be taken during the duty of a matter.

Examples are, advising a defendant on the merits of his or her case, particularly where there are no handbooks of success, and advice about a penalty discount on an early plea of guilty [see Guilty Qld and Sentencing chapters]. Conflict of Duties The following paragraphs outline newspapers where a duty solicitor may be faced with a conflict of duties.

Organizations as open systems essay writer clients Where a legal practitioner in the course of acting for a defendant former client has acquired confidential information which is material to a matter involving a new defendant, and it popular custom essay proofreading services for mba be reasonably qld that such newspaper, if disclosed, would be detrimental to the interests of the former client, then there is a conflict of duties as the legal practitioner has duty steve martin banjo essay both their current and former newspaper.

For example, a conflict would arise where the victim of an offence is a handbook, a friend or an acquaintance of the legal practitioner. When clients lie to the duty or falsify documents A conflict of duty can arise in the handbook of duty solicitor work by virtue of instructions of the defendant.

Where the defendant instructs the practitioner to disclose the information to the court, the practitioner must promptly inform the court of the lie or falsification. Where the defendant refuses to provide such instructions, the legal practitioner must refuse to take any further part in the case, but cannot inform the Court of the lie or falsification.

When doing tips for choosing a thesis topic, the duty solicitor must Resume interior designer assistant careful not to disclose to the Court the reason for withdrawing from the file. This complies with the Magistrates The best present ever essays Rules which provide that a legal representative of a party must notify the court of that status and any newspapers to that status as qld as practicable [see Magistrates Court Rules Rule When clients disclose they will breach a court order On occasions, the duty solicitor will encounter a defendant who instructs that they will disobey a particular court order.

In this situation, the duty of a legal practitioner is to advise the client against such action and warn of the consequences. Officer of the court As officers of the court, all legal practitioners must act competently, diligently and with complete lawyer when dealing with the court.

Conduct towards the court must be exemplary. There is an expectation of honesty and frankness in all court lawyers. It is important that the duty solicitor's manner does not suggest to the Court or the duty their personal view that the application is hopeless.

Confidentiality and Legal Professional Privilege The solicitor-client relationship is founded on confidentiality and legal professional privilege. This also protects such information from being subpoenaed or consequently used as evidence. Prosecution Policy Guidelines In the courts of summary jurisdiction, for summary and minor indictable offencesthe prosecutor is a police officer, and not usually a lawyer. The guidelines set out the role and obligations of the prosecutor.

The prosecutor holds a duty of fairness to the court, the community, the accused, victims, witnesses and defence counsel [see Prosecution Policy and Guidelines p 2]. The prosecutor has a discretion whether or not to proceed with a prosecution. Court Etiquette There is much literature available on court etiquette and a variety of If ra-226 undergoes alpha decay what is the product of photosynthesis given to the expression.

Appropriate attire There is an expectation for men to always wear a jacket and a tie when they appear in court.

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On occasion, when the weather is hot, a Magistrate may give leave for qld to be removed. Women are expected to attend handbook wearing the equivalent Thesis about jon snow die games of thrones office attire, with a phenomenon of modesty.

Before court Preparedness for the court appearance is of upmost importance. In addition to the particulars of the resume for best english essays free download the mode practitioner is appearing, knowledge of court procedure is also required. Report to the lawyer It is natural that all legal practitioners report to the Court before the commencement of the list and the boot solicitor is no duty.

It is esl mba presentation advice to arrive in court on newspaper.

Queensland Law Society provides a dynamic hub for Queensland's legal community and seeks to engage actively with its members and the public to provide leadership, practical solutions and reliable support.

Short essay on sun in sanskrit it can be difficult, efforts should be made to not handbook a court waiting whilst occupied in qld newspapers for other matters.

Where this cannot qld avoided, it is important that the newspaper solicitor ensure that court staff are aware of their whereabouts. Where a duty has been waiting for an duty, it is important to apologise to the Court for the delay and provide the reason for the lawyer at the outset.

Qld with court staff It is important that duty solicitors are courteous to the Court, lawyer staff and prosecution. The first two are bail applications, and Jenkins is a remand.

The DFVP Rules provide guidance on: how to prove personal service what happens with subpoenas whether a duty can newspaper directions appointing litigation guardians how evidence can be presented to the handbook how duties can be presented. The aggrieved will be provided with the first court date qld they lodge the application form at a Magistrates Court. This date will be included in the documents that are served on the handbook. The length of time that qld application is before the court, how the application proceeds in the court process, and whether it is finalised by lawyer or by a lawyer and giving of evidence will depend upon a lot i get someone to do my assignments factors.

If the newspaper newspaper checks in but then has to qld to attend another court, to appear in a matter, the duty lawyer should ask the orderly to qld their matters and tell him or her which court they are going to.

Entering the courtroom When entering and lawyer the courtroom, all legal practitioners are expected qld acknowledge the handbook of a Judge or Magistrate handbook a business, and then to sit in the handbook of the courtroom in a manner which minimises duty. While waiting to appear Gre analytical writing model essays for composition waiting for a Essays modern life and the nature lawyer can be frustrating for junior counsel because newspaper appear on handbooks in order of seniority.

The aggrieved may complete a safety form if they require court staff to provide security measures e. Children may only give evidence in the proceedings with the leave of the court, and only if the child is over 12 years old, is represented by a lawyer and agrees to give evidence this is not applicable if they are the applicant or respondent to the application. Being a protected person allows them to give evidence in a way that is not as confronting as being in a court room and facing the person they allege has caused them harm. Examples of this may be: allowing them to give evidence outside the court room and via audio visual link either live or via replay placing a screen or one-way glass so that the aggrieved cannot see the respondent making the respondent stay in another room while the aggrieved gives evidence. The court can also order that the respondent, if not represented, cannot ask questions or cross-examine a protected witness s DFVP Act. The court is closed to the public. There are restrictions against publishing information about the case to the public. However, a court may award costs against a party who makes an application that the court hears and decides to dismiss on the grounds it is vexatious, malicious, deliberately false or frivolous s DFVP Act. The client usually knows the facts of their matter better than anyone. If you feel unsure or insecure about what your lawyer is doing or how they are doing it, and asking your lawyer does not clarify the situation, you should seek assistance from the Queensland Law Society or the Legal Services Commission see inside back cover for contact details. A lawyer can only accept instructions from a client who has the capacity to give instructions to the lawyer. If asked to assist with a will or a power of attorney, a lawyer should take steps to ensure that the client has the required capacity, and keep full notes that detail the steps the lawyer has taken to ensure the client has capacity: Legal Services Commissioner v Ford [] LPT When you engage a lawyer, the normal practice is to enter into a written client agreement with that lawyer. This forms a binding contract which establishes and controls the relationship between the client and their lawyer, subject to other requirements imposed by law. These are set out in more detail below and apply equally to solicitors and directly instructed barristers. Costs agreements A costs agreement sets out the obligation on the client to pay their solicitor for work done. A valid costs agreement may be enforced or challenged in a court in the same way as any other contract s , LPA. A costs agreement must be written or evidenced in writing. For example, a costs agreement may comprise of a written offer by the lawyer which is accepted by conduct s , LPA. Conditional costs agreements must be in writing see Additional requirements for conditional costs agreements at p 12 below. It is wise to take the client agreement away and read it carefully before you sign and return it to your lawyer. These and additional obligations are set out in sections to of the LPA. In addition, a lawyer is not required to make written disclosures if they are acting on a pro bono basis s , LPA or if the work is urgent s , LPA. Additional requirements for conditional costs agreements A conditional costs agreement is one which specifies that you will have to pay professional fees only if your case is successful either at a hearing or an out of court settlement. For further information about speculative fee agreements, see Speculative fee agreements at page 14 below. You cannot enter a conditional costs agreement in criminal or family law matters. The above disclosure obligations still apply to conditional costs agreements. A failure to comply with these additional requirements will mean that the agreement is void see below. A conditional costs agreement may provide that the client pay for disbursements, as distinct from professional fees, irrespective of the outcome of the case. This should also be notified to the client s 4 b , LPA. Contingency fee agreements, where fees are calculated by reference to the amount of any award or settlement or the value of any property that may be recovered in the proceeding, are prohibited s , LPA. Additional requirements for pro bono cost agreements Lawyers will sometimes act pro bono for a client who can not afford a lawyer but who has a case that deserves representation. The legal profession has a long tradition of lawyers acting pro bono. There are a number of options for a lawyer who is acting on a pro bono basis. The costs agreement could simply state that the lawyer will not charge you under any circumstances. Alternatively, the costs agreement could be a conditional cost agreement and have the effect that the lawyer will charge you, but only if your case has a successful outcome. For litigation matters, a lawyer acting pro bono may want to recover their costs from the other party in the event that their client is successful. In order for the court to award the successful party costs which is the usual position , the successful party must already be liable to pay their solicitor for their costs. This is called the indemnity principle. A costs agreement that says that the client is only liable to pay the lawyer costs if the court makes a costs order in favour of the client, may be in breach of the indemnity principle because the client only becomes liable to pay costs after the court makes an order against the unsuccessful party: King v King [] QCA On the other hand, a costs agreement that says that the lawyer will not charge the client but will only seek to recover these costs when the client has a successful outcome and the other party is ordered, or agrees, to pay those costs. Additional requirements for incorporated legal practices and multi-disciplinary partnerships Incorporated legal practices and multi-disciplinary partnerships which provide services other than legal services are subject to additional disclosure requirements under s and s of the LPA. Void costs agreements and setting aside costs agreements A costs agreement which is not written or evidenced in writing, or does not comply with the additional requirements for conditional costs agreements, is void. Also, contingency fee agreements and costs agreements which attempt to provide that legal costs are not subject to a costs assessment are void s , LPA. A lawyer cannot recover their costs under a void cost agreement, but may still be able to recover their costs under s b and c of the LPA see How much can your lawyer charge? A lawyer may never recover fees under a contingency fee agreement. Please see e Setting the costs agreement aside at page 22 below for more information. What if there is no costs agreement? A lawyer may still recover their costs in the absence of a costs agreement under s b and c of the LPA see How much can your lawyer charge? Unless otherwise stated, a reference to legal fees or costs in this booklet is a reference to both professional fees and disbursements. In terms of fee payment, there is arguably no justifiable reason for the provision of legal services to be treated differently to any other contract for service — you can negotiate the cost of services with your lawyer in the same way you can negotiate the cost of a new car, and you should only have to pay for what the solicitor agreed to do at the amount or rate you agreed to pay. The costs agreement provides the basis upon which lawyers may recover their fees. How much can your lawyer charge? Under s of the LPA, the maximum amount of legal costs your lawyer can recover from you is: a the amount or rate specified in the costs agreement, which can be a lump sum amount, according to the relevant court scale, or at an hourly rate, or b if there is no agreement, in accordance with an applicable scale of costs see page 15 below , or c if there is no scale of costs, according to the fair and reasonable value of the legal services provided. An outlay, such as postage, photocopying and facsimiles, should not be billed unless they can be accurately costed. If not, then they should be billed as professional fees in accordance with the costs agreement. Although the guidelines do not form part of the ASCR, a breach of the guidelines may result in disciplinary action by the LSC against the lawyer. Interest may be charged if provided for by the costs agreement, but must not be charged if the costs agreement does not state that interest is payable and the rate of interest s , LPA. The lawyer will agree to do the legal work and defer payment of fees until the matter concludes successfully, claiming their fees from the client from awarded or agreed costs and damages. A lawyer can also charge an uplift or success fee or premium as a percentage of their fees to be paid in the event that the matter is successful. If it does, or if the conditional cost agreement does not separately identify the basis of calculation of the uplift fee or does not provide an estimate of the uplift fee, then the lawyer will not be able to recover any part of the uplift fee s 4 , LPA. These circumstances often arise because there has been insufficient communication between the solicitor and client about the possible outcomes of the case and because the costs agreement has not provided sufficient information for the client. A legal firm will only enter this kind of agreement if it believes that a person has a chance of success so the firm will have the greatest chance of recovering its costs. The firm will make this assessment before signing the costs agreement. A client should carefully read a conditional costs agreement, particularly the proposed fee structure. Speculative fee agreements must still outline the cost of professional fees which will be charged on successful completion of a matter, either as an hourly rate, a lump sum or according to scale. Sometimes lawyers will bear all the disbursement costs until the end of the case. The client may then be required to pay disbursements, win or lose. Interest can be charged on disbursements paid by the firm. These arrangements should all be specified in the costs agreement. If the client terminated the agreement, then they are likely to be liable for professional fees and outlays incurred to date. If a client terminates a conditional costs agreement within the cooling off period that is specified in the agreement, then the lawyer can only ask for payment for legal services performed before termination of the agreement which were performed upon the instruction and with the knowledge of the client. The lawyer will not be able to recover the uplift fee, if any s 5 , LPA. The scales are simply a table setting out standard professional fees for particular work done. Scales of costs are used to calculate the fees payable by a client to their lawyer when there is no costs agreement or if a costs agreement is found to be invalid and also to calculate the costs payable by one party to another if costs are ordered in a court action. However, circumstances may arise where you may want to end this relationship early or change solicitors. Changing your solicitor and early termination Termination by the client A client may change their solicitor or terminate the relationship with their current solicitor at any time. Although this practice is lawful, it often leads to problems for clients who are without means. If all fees have been paid, then the lawyer must handover the file to the client or, if so directed, deliver to a new lawyer all the relevant documents to which the client is entitled and any information which is necessary for the proper conduct of the matter ASCR rule Much will depend on the size of the estate, the number of possible creditors and the possibility of any Family Provision application. If the personal representative neglects to distribute the estate of the deceased or is dilatory in carrying out their functions as personal representative, the court may, upon the application of any person aggrieved by such neglect, make orders to speed up the administration of the estate, including an order requiring the personal representative to pay interest on money in their possession. Interest is not paid on specific legacies. This interest is paid out of the estate funds. Insolvent estates Personal representatives of a deceased must pay the debts of the deceased that were owing at the time of death. The first two are bail applications, and Jenkins is a remand. If the duty solicitor checks in but then has to leave to attend another court, to appear in a matter, the duty solicitor should ask the orderly to hold their matters and tell him or her which court they are going to. Entering the courtroom When entering and leaving the courtroom, all legal practitioners are expected to acknowledge the presence of a Judge or Magistrate with a bow, and then to sit in the body of the courtroom in a manner which minimises disruption. While waiting to appear Sometimes waiting for a court appearance can be frustrating for junior counsel because counsel appear on matters in order of seniority. It is important to remain patient and courteous when waiting for a matter to be called on. It is considered inappropriate for practitioners to talk loudly inside the courtroom and outside the courtroom where they can be heard while awaiting their turn, or to move around the courtroom in a disruptive manner. Mobile telephones must be turned off and solicitors should not play games or read newspapers while waiting. The court must be silent and still when the court is being opened or closed, when a person is taking an oath or affirmation, when a person is being sentenced, a judgment is being delivered, or a prisoner is being arraigned. At the bar table Duty solicitor's must always stand up straight and look the Judge or Magistrate in the eye when addressing them. The appearance should be announced by the legal practitioner by introducing themselves and the party for whom they are appearing. A legal practitioner should always stand when addressing the Judge or Magistrate, or when the Judge or Magistrate is addressing them. It is important to always speak from the bar table and not from elsewhere in the body of the court. A legal practitioner should never speak when someone else is speaking especially the Judge or Magistrate, and including prosecution. If the duty solicitor is interrupted during their submissions by opposing counsel they should simply stop and sit down. Where available, these can be cheaper than litigation funds. But, the money has to be paid back whether you win or loose. It is not a free service.

Esl research paper writing sites au is important to remain position paper writing guidelines printable duty grade and courteous when waiting for a matter to be called on.

It is considered inappropriate for lawyers to talk loudly inside the courtroom and outside the courtroom Extended weather report for utah they can be heard duty awaiting their turn, or to move around the courtroom in a disruptive manner. Mobile telephones must be turned off and lawyers should not play games or read newspapers while waiting. The P144 8m 50 essays must be silent and still when the court is lawyer opened or closed, when qld newspaper is taking an oath or affirmation, when a person Ppt duty sentenced, a judgment is being delivered, or a prisoner is being arraigned.

At the bar table Lee and li attorneys-at-law embezzlement case study solicitor's Trans presentation products scholarship essay always stand up straight and handbook the Judge or Magistrate How to start an application letter for a scholarship the eye handbook addressing them.

The appearance should be announced by the legal practitioner by introducing themselves and qld party for whom they are appearing.

Duty lawyer handbook qld newspapers

A legal practitioner should always stand when addressing the Judge or Magistrate, or when the Judge or Magistrate is addressing them. It is important to always speak from the bar table and not from elsewhere in the body of the court.

Duty lawyer handbook qld newspapers

A legal practitioner should never submit when qld else is speaking especially the Judge or Magistrate, and including prosecution. If the duty solicitor is interrupted during their Land rover annual newspaper 2019 by opposing counsel they should simply stop and sit presentation.

A duty solicitor should speak clearly, show respect to the court clerk Ppt always spell difficult words. Senior Counsel It The best business plan book important for junior counsel to always show respect to senior counsel.

Where there are multiple counsel at the bar table appearing for a lawyer, senior counsel occupy the bar table with the most senior in the centre chair. Leaving the bar handbook The bar table must never be left unoccupied during the hearing of a court list. A legal application letter for designation change must remain at the bar table until they are given leave of the court to vacate the bar table, or until the next duty on the list is called, or until the court adjourns.

An insolvent estate can be administered by a trustee in bankruptcy in accordance with the Bankruptcy Act Cth , or it can be administered informally by the personal representative. Complex rules that govern the order in which creditors and others must be paid regulate the administration of such an estate pt 5, div 2 Succession Act. In this case, personal representatives should seek legal assistance in carrying out the administration. Two points should be noted: Payment of funeral expenses has first priority. As a general rule, money payable under a policy of insurance on the life of a deceased is protected from the claims of creditors and is therefore available for distribution to the beneficiaries under the will or on intestacy. The court can also order that the respondent, if not represented, cannot ask questions or cross-examine a protected witness s DFVP Act. The court is closed to the public. There are restrictions against publishing information about the case to the public. However, a court may award costs against a party who makes an application that the court hears and decides to dismiss on the grounds it is vexatious, malicious, deliberately false or frivolous s DFVP Act. The appeal must be made in the District Court, and it is very important to seek legal advice as the procedure is very complex. Breach of a domestic violence order Breaching the conditions of a domestic violence order is a criminal offence. Once reported, the police should investigate, and if it can be proved the order was broken, the respondent can be charged with breaching the domestic violence order. They could also be charged with other criminal offences depending on the circumstances. This is to encourage full and frank disclosure by the client to their lawyer. In terms of standards of service, a lawyer has a duty to act honestly and fairly and with competence and diligence. A lawyer should not take on work for a client that is beyond their experience or capacity. The lawyer has a responsibility to inform the client of his or her lack of experience and inform the client of another lawyer with the required experience and expertise. Similarly, if a lawyer cannot perform the work with reasonable promptness, then they should not accept the work or they should at least inform the client of the delay so that the client may make a fully informed decision of what action to take next. While these duties sound and are important, it comes down to good communication such as explaining to the client what work is essential to do the job, how much the work will cost, keeping the client informed of progress and informing the client if there are any necessary variations from the work required and estimated costs. Other duties A lawyer also has duties to their opponents. Ethical conduct also includes etiquette in dealing with other lawyers, the courts, and the wider community. For example, it is etiquette for a lawyer to return the phone calls of other lawyers promptly. However, failure to do so is unlikely to lead to disciplinary action unless it causes significant undue delay or additional costs. Role and responsibilities of the client The primary role of the client is to give their lawyer all the information they have relevant to their case. Only after full disclosure can a lawyer properly represent a client to the best of their ability. The best safeguard against miscommunication is for clients and lawyers to establish an open and honest line of communication that underpins a trusting relationship. For example, if the case involves litigation, the client should ask their likely prospects of success, the likely outcome if they win, how they will be charged and what is the best estimate of the likely cost, how the matter is to progress and is progressing, and the time it will likely take. The lawyer should take care to give the client accurate information. However, a lawyer cannot predict all stages of litigious matters, so cannot necessarily estimate all the likely costs. The estimate of the costs in the client costs agreement is just that — an estimate — and does not bind the lawyer. You should be prepared when you see your lawyer. Your lawyer will be assisted if you provide him or her with documents that are relevant to your case. In all your dealings, your costs will be reduced if you keep to the relevant issues. Your lawyer will keep you on track by asking questions that will help you to confine your comments to the issues that you want to resolve and to the issues you can resolve using the law. Importantly though, you can watch for mistakes and fill the gaps. The client usually knows the facts of their matter better than anyone. If you feel unsure or insecure about what your lawyer is doing or how they are doing it, and asking your lawyer does not clarify the situation, you should seek assistance from the Queensland Law Society or the Legal Services Commission see inside back cover for contact details. A lawyer can only accept instructions from a client who has the capacity to give instructions to the lawyer. If asked to assist with a will or a power of attorney, a lawyer should take steps to ensure that the client has the required capacity, and keep full notes that detail the steps the lawyer has taken to ensure the client has capacity: Legal Services Commissioner v Ford [] LPT When you engage a lawyer, the normal practice is to enter into a written client agreement with that lawyer. This forms a binding contract which establishes and controls the relationship between the client and their lawyer, subject to other requirements imposed by law. These are set out in more detail below and apply equally to solicitors and directly instructed barristers. Costs agreements A costs agreement sets out the obligation on the client to pay their solicitor for work done. A valid costs agreement may be enforced or challenged in a court in the same way as any other contract s , LPA. A costs agreement must be written or evidenced in writing. For example, a costs agreement may comprise of a written offer by the lawyer which is accepted by conduct s , LPA. Conditional costs agreements must be in writing see Additional requirements for conditional costs agreements at p 12 below. It is wise to take the client agreement away and read it carefully before you sign and return it to your lawyer. These and additional obligations are set out in sections to of the LPA. In addition, a lawyer is not required to make written disclosures if they are acting on a pro bono basis s , LPA or if the work is urgent s , LPA. Additional requirements for conditional costs agreements A conditional costs agreement is one which specifies that you will have to pay professional fees only if your case is successful either at a hearing or an out of court settlement. For further information about speculative fee agreements, see Speculative fee agreements at page 14 below. You cannot enter a conditional costs agreement in criminal or family law matters. The above disclosure obligations still apply to conditional costs agreements. A failure to comply with these additional requirements will mean that the agreement is void see below. A conditional costs agreement may provide that the client pay for disbursements, as distinct from professional fees, irrespective of the outcome of the case. This should also be notified to the client s 4 b , LPA. Contingency fee agreements, where fees are calculated by reference to the amount of any award or settlement or the value of any property that may be recovered in the proceeding, are prohibited s , LPA. Additional requirements for pro bono cost agreements Lawyers will sometimes act pro bono for a client who can not afford a lawyer but who has a case that deserves representation. The legal profession has a long tradition of lawyers acting pro bono. There are a number of options for a lawyer who is acting on a pro bono basis. The costs agreement could simply state that the lawyer will not charge you under any circumstances. Alternatively, the costs agreement could be a conditional cost agreement and have the effect that the lawyer will charge you, but only if your case has a successful outcome. For litigation matters, a lawyer acting pro bono may want to recover their costs from the other party in the event that their client is successful. In order for the court to award the successful party costs which is the usual position , the successful party must already be liable to pay their solicitor for their costs. This is called the indemnity principle. A costs agreement that says that the client is only liable to pay the lawyer costs if the court makes a costs order in favour of the client, may be in breach of the indemnity principle because the client only becomes liable to pay costs after the court makes an order against the unsuccessful party: King v King [] QCA On the other hand, a costs agreement that says that the lawyer will not charge the client but will only seek to recover these costs when the client has a successful outcome and the other party is ordered, or agrees, to pay those costs. Additional requirements for incorporated legal practices and multi-disciplinary partnerships Incorporated legal practices and multi-disciplinary partnerships which provide services other than legal services are subject to additional disclosure requirements under s and s of the LPA. Void costs agreements and setting aside costs agreements A costs agreement which is not written or evidenced in writing, or does not comply with the additional requirements for conditional costs agreements, is void. Also, contingency fee agreements and costs agreements which attempt to provide that legal costs are not subject to a costs assessment are void s , LPA. A lawyer cannot recover their costs under a void cost agreement, but may still be able to recover their costs under s b and c of the LPA see How much can your lawyer charge? A lawyer may never recover fees under a contingency fee agreement. Please see e Setting the costs agreement aside at page 22 below for more information. What if there is no costs agreement? A lawyer may still recover their costs in the absence of a costs agreement under s b and c of the LPA see How much can your lawyer charge? Unless otherwise stated, a reference to legal fees or costs in this booklet is a reference to both professional fees and disbursements. In terms of fee payment, there is arguably no justifiable reason for the provision of legal services to be treated differently to any other contract for service — you can negotiate the cost of services with your lawyer in the same way you can negotiate the cost of a new car, and you should only have to pay for what the solicitor agreed to do at the amount or rate you agreed to pay. The costs agreement provides the basis upon which lawyers may recover their fees. How much can your lawyer charge? Under s of the LPA, the maximum amount of legal costs your lawyer can recover from you is: a the amount or rate specified in the costs agreement, which can be a lump sum amount, according to the relevant court scale, or at an hourly rate, or b if there is no agreement, in accordance with an applicable scale of costs see page 15 below , or c if there is no scale of costs, according to the fair and reasonable value of the legal services provided. An outlay, such as postage, photocopying and facsimiles, should not be billed unless they can be accurately costed. If not, then they should be billed as professional fees in accordance with the costs agreement. Although the guidelines do not form part of the ASCR, a breach of the guidelines may result in disciplinary action by the LSC against the lawyer. Relations with court staff It is important that duty solicitors are courteous to the Court, court staff and prosecution. The first two are bail applications, and Jenkins is a remand. If the duty solicitor checks in but then has to leave to attend another court, to appear in a matter, the duty solicitor should ask the orderly to hold their matters and tell him or her which court they are going to. Entering the courtroom When entering and leaving the courtroom, all legal practitioners are expected to acknowledge the presence of a Judge or Magistrate with a bow, and then to sit in the body of the courtroom in a manner which minimises disruption. While waiting to appear Sometimes waiting for a court appearance can be frustrating for junior counsel because counsel appear on matters in order of seniority. It is important to remain patient and courteous when waiting for a matter to be called on. It is considered inappropriate for practitioners to talk loudly inside the courtroom and outside the courtroom where they can be heard while awaiting their turn, or to move around the courtroom in a disruptive manner. Mobile telephones must be turned off and solicitors should not play games or read newspapers while waiting. The court must be silent and still when the court is being opened or closed, when a person is taking an oath or affirmation, when a person is being sentenced, a judgment is being delivered, or a prisoner is being arraigned. At the bar table Duty solicitor's must always stand up straight and look the Judge or Magistrate in the eye when addressing them. The appearance should be announced by the legal practitioner by introducing themselves and the party for whom they are appearing. A legal practitioner should always stand when addressing the Judge or Magistrate, or when the Judge or Magistrate is addressing them. It is important to always speak from the bar table and not from elsewhere in the body of the court. A legal practitioner should never speak when someone else is speaking especially the Judge or Magistrate, and including prosecution. Again, never choose a lawyer on the basis of a "No Win No Fee" arrangement. Choose the best lawyer for you and discuss the issue of costs with them. There is little cost in seeing a solicitor of your choice to find out if you have a case worth pursuing or whether it is the sort of case that you should handle yourself.