QLD LP - Wk 6 – Billing PRACTICE QUESTIONS 2023

Lawyer's/law firm's fees Only a person with a current practising certificate can lawfully charge for legal work: s 24 Legal Profession Act 2004 -Typically the firm, not the lawyer, is providing services -Methods of charging for legal work: ---Lump sum fee ---Task-based fee ---Court scale of costs ---Time-costing ---Speculative or contingent fee (% of proceeds recovered are illegal) - Lawyers Fees - Lawyers can receive fees despite their general duty to act in client best interest - Despite tension between fiduciary duty (cannot profit from position) and earning a fee - Barristers' Fees are somewhat unusual due to their history. -Traditionally there was no contractual basis for barristers to sue for fees at common law, and there was no statutory right (as in other states) it was 'a debt of honour': [Moor v Row]