Contingency Fees In Western Australia
AbstractThe author discusses recent recommendations of the Law Reform Commission of Western Australia bearing on lawyers' fees. The recommendation that a limited form of contingency fee be introduced in Western Australia is highlighted. She argues that the conditions that the fee arrangement must be used as a last resort and the requirement by the lawyer to be satisfied that the client is financially unable to conduct litigation limit accessability to the courts. A fee cap may invite underwork while the uplift arrangement requires court approval, resulting in unnecessary complications. The use of the hindsight test for fee assessment is criticised. |