Australia: Appendix 2 Sample Pro Bono Costs Agreement

Last Updated: 5 June 2012
Article by Tony Holland

CONFIDENTIAL

Our ref: [ ]

Your ref: [ ]

[Date]

[Addressee details]

cc:

Dear [Name]

CLIENT AGREEMENT: [DESCRIBE MATTER]

Thank you for your instructions [state how/when instructions received]. We are pleased to be able to assist you in this matter.

At the outset, we need to enter into a Client Agreement with you setting out the terms on which we will assist you.

This letter, [if there are attachments insert, its attachments] and the enclosed Pro Bono Standard Conditions form our offer to enter into a Client Agreement with you. If there are any inconsistencies between the terms outlined in these documents, the terms stated in this letter will prevail.

Please read these documents carefully.

If they are acceptable to you, please sign and return the enclosed copy of this letter.

If they are not acceptable to you, please contact me immediately.

If you do not return a signed copy of this letter, but continue to provide us with information and instructions on your matter, we will assume that you have accepted our offer and the terms contained in these documents.

1 CLIENT AND ADVISOR

Our client in this matter will be [enter full legal name of specific client entity or, if client is an individual, insert words such as 'the person to whom the letter is addressed'] (you). Your advisor will be [enter full legal name] (we or us).

2 SCOPE OF SERVICES

We will provide you with the following services in relation to your matter:

[Clearly set out the scope of the work so there is no dispute regarding the extent of our pro bono assistance].

3 MATTERS OUTSIDE THE SCOPE OF SERVICES

We will not be providing advice on [list related issues/matters which we will not be advising on].

4 TIMETABLE

We confirm that [tasks, due dates or time for completion – set out what has been agreed as to timetable]. If we become aware that this timetable is likely to change we will notify you as soon as possible.

5 OUR TEAM

[Name], [title], is the legal practitioner who will primarily perform the work. [First name]'s direct line is [number]. Please contact [first name] if you would like to discuss anything in relation to the matter. [Name], [title] will also supervise [first name] and assist as necessary.

Where appropriate, we will adopt a team approach to ensure that your work is performed as efficiently as possible. A senior lawyer will always be responsible for your work. However, the senior lawyer may delegate tasks to other members of the team with the appropriate skill and experience.

6 WHAT YOU HAVE TO PAY

We have agreed to act for you in this matter on a pro bono basis. This means that we will not charge you for our professional fees or for our [if not charging third party disbursements insert standard charges or disbursements if charging third party disbursements insert standard charges].

[Delete the following paragraphs if not charging for third party disbursements]

We will charge you for disbursements. Disbursements are expenses we incur on your behalf for services supplied or payments charged by third parties. We will incur such disbursements as agent for you and will only recover from you the amount paid by us to the third party (inclusive of any GST the third party has included in that amount).

Set out below is a list of the likely disbursements you will incur in this matter and an estimate of your total disbursements. However, this is only an estimate and is not binding on us. I will let you know if the estimate needs revising.

DISBURSEMENT

AMOUNT

[type of disbursement] $[ ]
[type of disbursement] $[ ]
[type of disbursement] $[ ]
Estimated total disbursements $[ ]

We will obtain your approval and consent before we incur any disbursements which are not listed in the table above.

We will normally send you an account for disbursements monthly, but this may vary depending on the amount of disbursements incurred. In certain circumstances we may request that you provide us with the funds for such disbursements up front. We will place this money in our trust account in your name. Once we have issued you with an account for disbursements we are entitled to withdraw that money to pay for them.

Where possible, we will assist you to obtain funding for, or exemption from, third party disbursements. If we do receive any funding or are able to claim exemption from a disbursement incurred in your matter, and you have already paid us for the relevant disbursement, we will provide you with a refund up to the amount we have received or the amount of the exemption.

7 FEEDBACK

[Set out any review processes that are proposed or agreed]

We pride ourselves on the provision of a high quality service to our clients at all times. If you would like to discuss our performance, please contact [name]. If that does not resolve the situation, you can contact me [or our Team Leader, [name]].

Once again thank you for instructing us. We look forward to working with you. If you have any queries about any aspect of this letter [if relevant insert, its attachments] and the Pro Bono Standard Conditions please do not hesitate to contact us. Otherwise, please confirm your acceptance by signing the enclosed copy letter and returning it to us as soon as possible.

[Signoff]

I agree to be bound by this letter [if relevant insert, its attachments] and the Pro Bono Standard Conditions.

After I have been issued with an account for disbursements in relation to this matter, I authorise and direct [insert full legal name] to recover such amounts out of any funds which they hold in their trust account on my behalf from time to time.

I consent to an external quality system accreditation authority accessing files in relation to my matter provided they do so on a confidential basis.

Signed: .....................................

[Client's name]

Dated: ___/___/___

Related Articles...

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions