The expression 'without reasonable prospects of success' in ss 198J and 198M of the Legal Profession Act 1987 (NSW) means 'so lacking in merit or substance as to be not fairly arguable', a concept that falls appreciably short of 'likely to succeed'. The statutory standard is more stringent than the general law standard for costs orders against solicitors under Pt 52A r 43, but does not require a solicitor to believe success is likely or more likely than not before accepting instructions. Proceedings claiming predominantly equitable relief but including a claim for damages fall within s 198M.
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