Regulation 17

must not undertake work in a manner that unnecessarily or improperly increases the costs that are payable to the legal practitioner;

must, at all times, use the legal practitioner’s best endeavours to complete any work for his or her client as soon as is reasonably possible;

must explain clearly and properly to his or her client a proposal of amicable resolution, or any other offer or position taken by any other party, which affects the client;

must, where his or her client does not understand English, ensure that any offer or proposal of amicable resolution is explained to the client in a language or dialect that the client understands;

must, in an appropriate case, together with his or her client —

evaluate whether any consequence of a matter involving the client justifies the expense of, or the risk involved in, pursuing the matter; and

evaluate the use of alternative dispute resolution processes; and

must advise his or her client on the relevant legal issues in a matter, to enable the client to make an informed decision about how to act in the matter.

inform his or her client of the basis on which fees for professional services will be charged, and of the manner in which those fees and disbursements (if any) are to be paid by the client;

inform the client of any other reasonably foreseeable payments that the client may have to make, either to the legal practitioner or to any other party, and of the stages at which those payments are likely to be required;

to the extent reasonably practicable and if requested by the client, provide the client with estimates of the fees and other payments referred to in sub‑paragraphs (a) and (b), respectively; and

ensure that the actual amounts of the fees and other payments referred to in sub-paragraphs (a) and (b), respectively, do not vary substantially from the estimates referred to in sub-paragraph (c), unless the client has been informed in writing of any changed circumstances.

that in any event, the client is personally responsible for paying the client’s own solicitor and client costs in full, regardless of any order for costs made against any other party;

that in the event the client loses, the client may have to pay the client’s own costs, and the court may order the client to pay the costs of one or more other parties as assessed or fixed by the court;

that even if the client wins, the other party —

may not be ordered to pay the full amount of the client’s own costs; and

may not be capable of paying what has been ordered.

the delivery of a bill by the legal practitioner to the client does not preclude the legal practitioner from presenting a bill, for a larger amount or otherwise, for assessment; and

upon such an assessment, the legal practitioner is entitled to any amount allowed by the Registrar, even if that amount is more than the amount claimed in any bill previously delivered to the client.

the legal practitioner’s standing and experience;

the nature of the legal work concerned;

the time necessary to undertake the legal work;

the instructions and requirements of the client concerned;

any other relevant circumstances.