Ethics 3.2 (re-submit) PDF

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Description

Itemised bill

P.O Box 2 ST LEONARDS NSW 2065 ABN 62 751 281 333

31 December 20xx Mr GL Flashman trading as Main Event 77 Rodeo Drive Mansion Park NSW 2566

ITEMISED BILL OF COSTS PURSUANT TO COSTS AGREEMENT ENTERED INTO ON [DATE OF COSTS AGREEMENT] [Note: delete, amend or leave each item below as appropriate then note your reasons in the memo on page 5 of this document.] Ite m No

Date

Type

Bille d By

1

03/09/20xx

TA

LL

2

05/09/20xx

PA

LL

3 4 5 6 7

06/09/20xx 06/09/20xx 06/09/20xx 06/09/20xx 06/09/20xx

READ Admin D D TA

SL BB SL LL SL

8 9

06/09/20xx 06/09/20xx

Admin D

SL SL

10 11 12

10/09/20xx 10/09/20xx 10/09/20xx

D D TA

SL SL SL

13 14 15 16 17 18 19 20 21 22

14/09/20xx 14/09/20xx 14/09/20xx 14/09/20xx 14/09/20xx 15/09/20xx 15/09/20xx 15/09/20xx 16/09/20xx 20/09/20xx

READ READ READ READ R D D D E D

SL SL SL SL SL SL SL SL BB SL

23 24 25 26

25/09/20xx 25/09/20xx 26/09/20xx 26/09/20xx

TA TA TA TA

SL BB SL SL

27 28 29

29/09/20xx 29/09/20xx 29/09/20xx

PA PA D

SL SL SL

Description

T/F client – requests urgent appointment – sheriff intends to remove client business equipment in execution of D/J obtained against client PA on client – taking instructions to set aside D/J by AOne Catering P/L – see Statement of Claim – client to provide statement of events Peruse Statement of claim Open file, trust and office ledger accounts Email to client to advise trust account details Draft costs agreement T/T sheriff’s office (after waiting on line for 55 min)– will not execute against client property if app to S/A D/J filed or Pl sol advises that in order Retrieving previous client file from archives Letter to client advising re prospects of success and enclosing costs agreement Apply for company search A-One Catering P/L Apply for business name search “Main Event” T/T solicitor for Pl. Advising we act and instructed to S/A D/J – request sheriff be called off Peruse client statement Peruse signed costs agreement Peruse business name search Peruse company search Research UCPR and UCPR 36.16(2)(a) in particular Draft notice of motion Draft affidavit of client Draft notice of grounds of defence Engrossing NM, affidavit and defence Email to client attaching NM, affidavit and defence for approval T/T client – not in left message to call T/T client – not in left message to call T/T client – not in left message to call T/F client – affidavit OK – he to attend office Monday to sign affidavit Attend on client, witness affidavit, discussing Attend Quikcopy Email Pl sols attaching copy NM, affidavit and defence to be filed asap

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Unit s

TOTAL

Invoice #

3

$

195.00

Unbilled

15

$

975.00

Unbilled

3 1 3 3 10

$ $ $ $ $

150.00 20.00 150.00 195.00 500.00

Unbilled Unbilled Unbilled Unbilled Unbilled

3 6

$ $

150.00 300.00

Unbilled Unbilled

3 2 2

$ $ $

150.00 100.00 100.00

Unbilled Unbilled Unbilled

5 1 1 1 20 5 20 5 5 2

$ $ $ $ $ $ $ $ $ $

250.00 50.00 50.00 50.00 1,000.00 250.00 1,000.00 250.00 100.00 100.00

Unbilled Unbilled Unbilled Unbilled Unbilled Unbilled Unbilled Unbilled Unbilled Unbilled

1 1 1 3

$ $ $ $

50.00 20.00 50.00 150.00

Unbilled Unbilled Unbilled Unbilled

10 3 2

$ $ $

500.00 150.00 100.00

Unbilled Unbilled Unbilled

Page 1 of 7

Ite m No

3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 3 9 4 0 4 1 4 2 4 3 4 4 4 5 4 6 4 7 4 8 4 9 5 0 5 1 5 2 5 3 5 4 5 5

Date

Type

Bille d By

29/09/20xx

TA

SL

02/10/20X X 04/10/20xx

D

SL

D

SL

04/10/20xx

D

SL

11/10/20xx

12/10/20xx

REA D REA D REA D PA

12/10/20xx

Description

Invoice #

$

150.00

Unbilled

2

$

100.00

Unbilled

2

$

100.00

Unbilled

2

$

100.00

Unbilled

1

$

50.00

Unbilled

Peruse affidavit of Jamie Twist

4

$

200.00

Unbilled

SL

Peruse affidavit of Nigella Wentworth

5

$

250.00

Unbilled

SL

Meeting with barrister to discuss matter & prospects

15

$

750.00

Unbilled

D

SL

2

$

100.00

Unbilled

15/10/20xx

TA

SL

Letter to client enclosing copies of Pl sol letter and enclosures and seeking instructions T/F client discussing affidavit of Twist and Wentworth

5

$

250.00

Unbilled

18/10/20xx

TA

SL

3

$

150.00

Unbilled

18/10/20xx

R

SL

5

$

250.00

Unbilled

18/10/20xx

TA

SL

3

$

150.00

Unbilled

19/10/20xx

PA

SL

19/10/20xx

PA

19/10/20xx

11/10/20xx

SL

TOTAL

3

11/10/20xx

SL

T/T District Court to ascertain available dates for return of motion Letter to registration agent to file NM incl. note as to suitable date for return of motion Letter to sol for Pl. enclosing NM and affidavit by way of service Letter to client confirming NM filed and enclosing copies of docs Peruse letter from Pl sol encl affidavits

Unit s

T/T sol for Pl discussing possibility of Pl consent to S/A D/J – no agreement Consider if expert witnesses will be needed for hearing T/T client advising of discussions with Pl sol

10

$

500.00

Unbilled

SL

PA on LL discussing file generally & documents required incl whether experts will be needed Collating documents for hearing

15

$

1,250.00

Unbilled

PA

SL

Preparing for hearing

25

$

1,250.00

Unbilled

19/10/20xx

PA

LL

10

$

650.00

Unbilled

19/10/20xx

TA

SL

PA on SL discussing file including whether to require Twist or Wentworth to attend for cross exam T/T on client arranging to meet at District Court

1

$

50.00

Unbilled

22/10/20xx

TVL

SL

Travel to District Court by taxi

4

$

200.00

Unbilled

22/10/20xx

CA

SL

21

$

1,050.00

Unbilled

22/10/20xx

TVL

SL

Attend court including discussions with client, Pl sol and appearance before Judge J Return travel from District Court to office by train

5

$

250.00

Unbilled

22/10/20xx

CS& C D

LL

General care skill and consideration

10

$

650.00

Unbilled

LL

Email to SL instruct to prepare itemised bill

1

$

65.00

Unbilled

1

$

50.00

Unbilled

10

$

500.00

Unbilled

4

$

200.00

Unbilled

22/10/20xx 22/10/20xx

SL

Peruse LL email

today

REA D D

SL

Drafting itemised bill

today

D

SL

Letter to client reporting on outcome of motion and enclose bill and TAS

Disbursements $ Photocop y Service fees

Total Less amount proposed to be transferred from Trust BALANCE DUE AND OWING

$ $ $ $

40 106 6324 5000 1324

[Note: GST can be ignored for the purposes of this activity.] 3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

Page 2 of 7

LAW & CO Per: L

Law

Your Rights It is your right to: (a) negotiate a costs agreement with us; (b) negotiate the method of billing (e.g. task based or time based); (c) request and receive an itemised bill within 30 days after a lump sum bill or partially itemised bill is payable; (d) seek the assistance of the designated local regulatory authority (the NSW Commissioner) in the event of a dispute about legal costs; (e) be notified as soon as is reasonably practicable of any significant change to any matter affecting costs; (f) accept or reject any offer we make for an interstate costs law to apply to your matter; and (g) notify us that you require an interstate costs law to apply to your matter.

3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

Page 3 of 7

Trust account statement

P.O Box 2 ST LEONARDS NSW 2065 ABN 62 751 281 333

31 December 20xx Mr GL Flashman trading as Main Event 77 Rodeo Drive Mansion Park NSW 2566

TRUST ACCOUNT STATEMENT Flashman G.L. ats A-One Catering Pty Limited Application to set aside default judgment Date 5 Sept 20xx 30 Sept 20xx

3 Oct 20xx

Description From you on a/c of c/d To ASIC for business name search client and company search of plaintiff To District Court of NSW for filing fee on notice of motion Balance to be transferred to office account in payment of costs and disbursements: 4868 Balance to be held: NILL

3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

Rec No/ Chq No 118201 118315

Dr 52

41001

80

Cr 5000

5000

Page 4 of 7

5000

LAW & CO Per: L

Law

3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

Page 5 of 7

Memo from student to lecturer

MEMO From

:

Rebecca Atalla

To

:

Nick Satouris

Subject

:

Reasons for inclusion or omission of items in itemised bill

The following items listed in the time costing print out have been omitted from or changed in the itemised bill set out above for the reasons set out below. Item no. in Reason for deletion or change costs printout 3

Double charge for the perusal of statement of claim

4

Is not professional legal work

5

Overcharged for admin task

6

Should not charge for Cost Agreement

7

Does not seem proportionate or reasonable to charge that amount

8

Cannot charge for retrieving a file from archives unless CA permits this – ASCR 16.1.2

10

Overcharged – paralegal task

11

Overcharged – paralegal task

14

Cannot charge for perusal of CA – S 191 Legal Profession Uniform law

17

Not the clients responsibility to pay for basic legal research

18

Excessive charging

19

Excessive charging

20

Excessive charging

23

Client should not be charged for messages left

24

Client should not be charged for messages left

25

Client should not be charged for messages left

3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

Page 6 of 7

Item no. in Reason for deletion or change costs printout 28

Admin task – should be charges at admin rate

30

Overcharged – paralegal task

34

Overcharged – the letter and affidavit can be read at the same time

35

Overcharged – the letter and affidavit can be read at the same time

36

Overcharged – the letter and affidavit can be read at the same time

37

No instructions to brief the barrister

41

Unreasonable charge – lawyer should know if expert is needed or not

43

Unreasonable charge – cannot charge for discussing matter in general and lawyer should know if expert is required

44

Excessive charge

45

Excessive charge

51

Unreasonable charge – cannot bill for care and skill

52

A law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

53

Law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

54

Law practice must not make a charge for preparing or giving a bill, and any charge made for that purpose is not recoverable by the law practice. – S191 LPUL

3d227e8f20d951b9904ed32f45f7d0d9.docx © The College of Law Limited

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