A solicitor who enters into a compromise agreement with a client for payment of outstanding costs cannot avoid the requirement under s 192(1) of the Legal Profession Act 1987 (NSW) to give a bill of costs at least 30 days before commencing proceedings, unless the compromise sufficiently changes the character of the claim — for example, by compromising previous legal proceedings, involving matters beyond costs, accepting a substantially lesser sum, or where the client received legal advice. Merely restructuring the same amount into an instalment arrangement, even with an accord and satisfaction, is insufficient to change the character of the proceedings.
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