NSW Solicitor - Itemised Bill for Legal Services?

[Rob Legat - SBPL]

Except they cannot charge for the provision of the itemised bill (or for a bill at all) per section 191 of Legal Profession Uniform Law (NSW) - and it would be bad form to charge extra for any of the work that they have done, unless there has been an inadvertent error in missing something out from the first account.

 

[Rod]

Agreed.

 

[zenihama]

Keep in mind if there is a 'reserve rights' clause on the lump sum bill, the lawyer can charge more in the itemised bill.

Wow, that would be pretty sneaky... but there doesn't seem to be any such note on the lump sum bill. To date I have not yet received the itemised account but will post again when I do.

 

[Scruff]

To date I have not yet received the itemised account but will post again when I do.

It is now well over the 21 days allowed and they are in breach of s332A of the NSW Legal Profession Act.

I'd be contacting them on Monday, letting them know that you are aware the breach; demanding that the bill be provided within 48 hours; and stating that you will lodge a complaint with the Law Society of NSW if they don't comply.

Like everyone else, solicitors have no right to break the law.

Making a Complaint | The Law Society of NSW

 

[zenihama]

Hello,

I haven't posted an update here because there has been nothing to say!

While I appreciate the solicitor has not provided the itemised bill in a timely manner, I haven't paid the bill either.

Accordingly, I've been in no particular hurry to follow it up with them. It would have been a different matter had their accounts dept been simultaneously chasing me for the outstanding payment, but that hasn't been the case.

I received this letter on 13 March but but as of today (24 March) I am still waiting.

 

[zenihama]

Well!

Over 8 months after I originally requested it, I have finally received my itemised bill. It added up to $22,170.73, just under $2000 more than the originally invoiced amount of $20,174.23. This fact was noted in the accompanying letter.

I have now paid the lower amount and wrote them the following reply:

Thank you for these.
I'm sorry the itemisation seems to have been an arduous task! When I was initially provided with the Costs Disclosure and Costs Agreement document from your office which detailed the unit system for the charging of professional fees I assumed the costs incurred would have been logged as the case proceeded into some kind of software program or at the very least into a spreadsheet. Accordingly I assumed that it would simply be a matter of generating a detailed breakdown as opposed to the summary which I received as the bill.

 

[Tim W]

1. Your assumptions don't much matter. You were given a Costs Agreement
(and almost certainly an accompanying Costs Disclosure) when you started.
And, you had (have) an ongoing right to be briefed on costs as you go.
That you chose not to exercise that right is not the question.

2. I bill like @Rob Legat - SBPL - some stuff is a fixed fee for "all work", other things are billed per hour.
Different billing structures for different kinds of work.
Not that I speak for other lawyers, but this is how a lot of us do it.

3. Even though I personally disclose them, I have found that some line items
don't make sense to lay people.
Time spent in reserach and, in particular, "consideration", for example.
The latter can mean, literally, thinking about the problem and working out what to do.
That is, the application of our knowledge and skills to your problem.

4. They could in theory chase you for the outstanding amount.
However I suspect that the outstanding amount is exactly the same number as
the opportnity cost of doing so, compared to getting you off their client list.

 

[Poidah]

ongoing right to be briefed on costs as you go.

What is a polite or formal way to be "briefed" as you go? To get a feel about the nature of the billing structure for a specific lawyer or firm?

 

[Tim W]

You just ask.
You could email in and ask.

 

[Poidah]

Thanks Tim W. It went well and seemed well received. Great educational experience for my other half who never really dealt with lawyers before.