Blood everywhere .. The bottle went BANG

[Liam_snorkel]

Nope, just checked. How closely did you read your cost agreement?

Contingency fees are prohibited
A law practice must not enter in a costs agreement under which the amount payable, or any part of that amount, is calculated by reference to the amount of any award or settlement or the value of any property that may be recovered in any proceedings to which the agreement relates.

http://www.lsb.vic.gov.au/legal-profession/working-under-the-act/cost-agreements/

 

[wide eyed and legless]

As it says Liam a costs agreement is entered into by the client and the legal firm, 20% is the norm if the case is won.
I was with Advice Injury Lawyers, which is I believe Maurice Blackburn.

 

[Liam_snorkel]

Um, read it again.

 

[wide eyed and legless]

Check out the uplift fee, a lawyer cannot charge more than 25%.

https://www.lsc.qld.gov.au/__data/assets/pdf_file/0004/108580/No-win-no-fee-costs-agreement.pdf

 

[Liam_snorkel]

That's a cap on the total recovery, not the basis for a fee structure.

FYI my better half is a commercial litigation lawyer..

EDIT: I read it wrong - it's 25% of their ordinary rate - in order to cover their risk - not 25% of the 'payout'.

Also what I was referring to at the top of this post is (I'm pretty sure, can check) that there is a cap on the total fee of something like 50% of the 'payout'.

 

[wide eyed and legless]

In Victoria, for example, the success fee is up to 25% which the Legal Profession Act 2004 allows us to charge in recognition of the risk involved and the additional expenses incurred by us in conducting your case on a "No win - No charge" basis. The success fee is not charged on expenses that you have paid during the course of your claim or that have been reimbursed by WorkCover or the TAC. The fee is not 25% of any damages you receive, it is a 25% increase on the legal costs due, ie for every $1000 in costs you would be charged an extra $250. We will be happy to explain the precise situation in each Australian jurisdiction or territory.

 

[Liam_snorkel]

Exactly what I said.

 

[wide eyed and legless]

Believe me Liam 20% of payout is the charges you sign up for before they take on your case, I will have a look tomorrow for the paperwork, and it is not illegal for those charges.

 

[wide eyed and legless]

Just checked another site,you are right Liam they are not allowed to say that they will charge 20% but funnily enough my charges were exactly 20%

 

[Liam_snorkel]

In case you missed it the first time:
"Contingency fees are prohibited

A law practice must not enter in a costs agreement under which the amount payable, or any part of that amount, is calculated by reference to the amount of any award or settlement or the value of any property that may be recovered in any proceedings to which the agreement relates."
http://www.lsb.vic.gov.au/legal-profession/working-under-the-act/cost-agreements/
It couldn't be clearer. You may have been mislead into thinking that the uplift fee was based on your payout.

 

[Ducatiboy stu]

So.....With no win no fee.....If you do win it is possible that the amount you win may not be enough to cover your legal fee, so you will badically be out of pocket.

I allways thought it a bit strange how it gets advertised. Since lawyers start at roughly $300/hr, 2-3 days work on a $10,000 payout wont leave much left over

 

[Northside Novice]

yeah quick sue bitches yippee dippy day ,

a ok
usa

have a cup of crete n shut the fuk up

 

[Liam_snorkel]

So.....With no win no fee.....If you do win it is possible that the amount you win may not be enough to cover your legal fee, so you will badically be out of pocket.

For "no win no fee" in Qld the total fee can't be more than 50% of the settlement. Probably similar in other states.

 

[manticle]

yeah quick sue bitches yippee dippy day ,

a ok
usa

have a cup of crete n shut the fuk up

Oddly enough, I made more sense from that than I usually do from an NN post. My English literature major is starting to pay off.

 

[Northside Novice]

hows the post op emotions though ? the first few weeks are the best

 

[manticle]

The medications can play havoc with you.

 

[stakka82]

yeah quick sue bitches yippee dippy day ,

a ok
usa

have a cup of crete n shut the fuk up

Vintage.

 

[TSMill]

Just wondering, did you supply your own bottles, and were they purpose bought refillable bottles, or reused commercial bottles, many if which are not intended for refill?

 

[shaunous]

So.....With no win no fee.....If you do win it is possible that the amount you win may not be enough to cover your legal fee, so you will badically be out of pocket.

I allways thought it a bit strange how it gets advertised. Since lawyers start at roughly $300/hr, 2-3 days work on a $10,000 payout wont leave much left over

Definitely not.

They cannot charge by %, but they throw big costs for each tiny little thing they do, like a staple is $6 and photocopying is $15/page. BUT, if your case only brings you say $15,000 they mostly charge u nothing, their charges are paid for by the company u are suing, its when u get a payout of say $150,000, they will charge the company u are suing say around 75%(because thats all they'll get) of their fee's and the rest comes outa your hit. Again they cannot charge by %%%%, but its easier to use to work out.

Then if you feel their bill ripped you off, you go see the costs Ombudsman (cannot think of the technical name), and they decide if $6 a staple and $15/page of photocopying is fair.

I quote the solictor i used 'I can charge you that, thats your fault you never went to University', he was s smart-arse like myself so i laughed, some may not have.

 

[Ducatiboy stu]

Dont worry. I am fully aware of what they charge. Having been thru a divorce anf forking out $20k I know all about the fees. Even walking into there office costs $80/15 mins