Assessment 2 (Case Studies B)
Case study B
The issue that has been indicated within the retainer and cost agreement followed in law practices and legal obligation. The legality and professional practices will be held to ensure the amount in relation of legal cost will be reaches on the monthly basis. The cost agreement has been managed and followed as per the law professional uniformity act 2014 division 4 schedule 1. As per the law society of the western Australia the cost agreement has been requited to avoid the uncertain circumstance that has been created by the retainer. While creating the cost agreement the standard lawyer and retainer is required. The explanatory notes and cost disclosure to the client with the retainer agreement for implementing cost agreement eventually. In Shaw v Yarranova Pty Ltd and Anor, the retainer is not confined and established that leads to inconsistency and the solicitor cost will be bear by the client itself and establishing the absence of the retainer. The cost agreement provide certainty to the client and lawyer agreement and also disclosed the prevailing legal cost to the solicitor and the third party. But with the absence of the retainer agreement the cost agreement is not complete. With reference to the chosen case it has been facing certain challenge in absence of retain agreement. The court request to presumed the retain agreement for enhancing cost agreement and cost estimation and liability will be meet effectively on time. The issue with relation to the cost and retainer agreement is that the requirement and accessibility is essential in every legality cost with the client. As according to legal professional uniform law all the law practices with client will be develop through meeting all the disclosure and the cost estimation based on legal cost and the billing procedure can be planned through retainer agreement. The retainer agreement will possess certain litigation plan for managing the billing procedure and help in reducing the legal bills. Hence, these are issue that has been precisely discussed in the following case study based on retainer and cost agreement.
The rules that has been applied in the formulation of the cost agreement with prior to retainer agreement. The cost agreement and control can be managed through using the retainer agreement. The retainer agreement is very important document that has been considered and contracted as according to the law society of western Australia. The cost agreement and retainer will tend to help in monitoring each cost and legality factor in the contract or an agreement with the client. The discussion of the legal cost and incurred billing based on the running case will be budgeted and formulated through retainer litigation and legal plan. The litigation and risk can be measures through using the retainer agreement measurement, through looking into the legal cost, billing related to it, staff cost and the other expense that has been incurred during the meeting of the case. All the cost has been completely scanned and managed and by the retainer to reduce the chances of case failure as well as cost increment. So that solicitor liability will be decrease. As per the certain case discussed in the Victoria law society that disclose the importance of the cost agreement significantly with the retainer agreement. The cost agreement and retainer agreement will be helpful in clearing the disputes in between the client and the lawyer by delivering all the cost detail and functioning that has been take care during handling the cases of the client. The retainer has been proceeding with certain principle and the polices that include the division 3 all disclosure of the document based on the cost agreement. The cost has been clarified that is paid by the client to the law firm for managing all expenses. Hence, these are certain rule that can be accessed in the retainer and cost agreement.
The application that has been applied in this case will be the legal profession uniform law act 2014 and the application of certain cases that has been implied in this case. In the retainer and cost agreement has to followed certain application for forming the agreement. The cost agreement includes the basic application and management for applying the legal cost of the firm. The cost management is essential for managing the cost of the law firm that has been liable to solicitor. The retainer has been contracted and presumed whenever required, the legal professional and staff expenses is acquired so that all the expenses will be meet. The retainer estimates and litigate the cost risk, legality obligation and the billing reduction methods for implementing the aggregate cost of the firm. The retainer played a vital role in formulating all the agreement with the third party. The negotiation and other document have been evaluated and embed changes in the cost agreement. The lawyer and the professional duties under the retainer-cost agreement. The lawyer should act in the professional manner and make sure all the information should confidential with regards to client, the law firm should maintain the relationship and afford to deliver good advice and manage cost of the consultancy. The professional should avoid the conflict interest after implementing the certain agreement between the profession and service consultant. The retainer formulated all the legal binding and document for future purpose and also clarify all the objective of the specific relationship of the service that has been proposed by the consultant. The disclosure and mutual consent have been required for successful relationship between client and lawyer or any professional. As if any issue arises in the contract then the retainer-cost agreement is the base to resolve the case.
The legal profession uniformity act is essential for building significant, sustainable and reliability in the affair in between client and the professional while handling any cases or serving advices and consultation to client. As after learning all the system and clauses withhold to the lawyer and client relationship agreement. The retainer-cost agreement is the agreement that has been formulate to control and manage the high yield risk associated with legal cost and billing of the expenses that has been incurred during the consultancy period and the certain disclosure has been implemented and structured in the line of the retainer agreement polices and procedure. The law firm of Victoria has been accepted that retainer is must requirement for being in the contract with any professionals. In the presence of the retainer the conflict has been resolved, cost has been managed, billing has been reduced, compliances developed, commitment meet and the client does not able to cheat on the basis of the legal cost liability. The profession and lawyer will implement such agreement while indulging in certain agreement and issue based on the case that they are handling. In terms of conclusion to retainer-cost agreement the client should ensure all their rights to fulfill and the lawyer is being liable to discharge their duties and rights as well in completion of the certain deals and commitment. As per legal profession uniformity law act, it has been mandating the policies to have the retainer with the cost agreement and if in any case this has no being meet the court asked to presumed the retainer in any circumstances.
“CIVIL PROCEDURE ACT 2010”, Www5.Austlii.Edu.Au (Webpage, 2020) http://www5.austlii.edu.au/au/legis/vic/consol_act/cpa2010167/
“LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014”, Www5.Austlii.Edu.Au (Webpage, 2020) http://www5.austlii.edu.au/au/legis/vic/consol_act/lpulaa2014406/
“Legal Compliance – Law Institute Of Victoria”, Liv.Asn.Au(Webpage, 2020) https://www.liv.asn.au/Professional-Practice/Compliance/Legal-Profession-Uniform-Law/Legislation