Additional disclosure—uplift fees
15 Additional disclosure—uplift fees
A law practice must, before entering into a costs agreement that involves an uplift fee—
provide the client with—
an estimate of the total legal costs the client would be likely to incur if the agreement did not involve an uplift fee; or
if it is not reasonably practicable to provide an estimate of the total legal costs—a range of estimates of the total legal costs the client would be likely to incur if the agreement did not involve an uplift fee and an explanation of the major variables that would affect the calculation of those costs; and
disclose to the client in writing—
the uplift fee (or the basis of the calculation of the uplift fee); and
the reasons why the uplift fee is warranted.
A law practice is not required to make a disclosure under subclause (1) to a sophisticated client.
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