The Legal Profession Uniform Law Application Act 2014 (Vic) is expected to operate from mid-2015. In an article about the Uniform Law published in December 2014, the Victorian Legal Services Commissioner wrote:
“In my experience, the earlier in a professional relationship that a client understands exactly where they stand, the better. Clients need to know what services their lawyer can provide, how much they cost, what protections exist over their money and what remedies may be available if those services do not meet their reasonable expectations. Receiving non-trust money is an example.”
Does Part 4.3 of the Uniform Law introduce satisfactory reforms to protect the fairness and reasonableness of the relationship between lawyers and their clients?
In organising your answer, consider the consumer protection provisions in Part 4.3 of the Uniform Law under the following headings:
(i) To what extent do the provisions relating to costs disclosure and the charging of fair and reasonable costs alter the existing framework of professional responsibility in Victoria?
(ii) Does the Uniform Law give sufficient direction to lawyers to ensure that clients receive adequate ‘costs disclosure’ and that the amounts charged for legal services are ‘fair and reasonable’?
(iii) What options will be available for clients to complain about inadequate costs disclosure or excessive fees under the new Scheme?
Give reasons for your views and conclusions.”
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