---
title: "Assemble the retainer facts for the certificate that a claim was not claim farmed"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-the-retainer-facts-for-the-certificate-that-a-claim-was-not-cla"
type: "task"
site: "AI Law Framework"
id: "A42-CS20261023-4"
practice_area: "Costs, billing & litigation funding"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Assemble the retainer facts for the certificate that a claim was not claim farmed

> From the retainer file the lawyer marks, list how the client came to the firm, whether any payment for a referral is recorded, and which costs agreement applies. Do not draft the certificate or the statutory declaration.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-the-retainer-facts-for-the-certificate-that-a-claim-was-not-cla  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the retainer file the lawyer marks, list how the client came to the firm, whether any payment for a referral is recorded, and which costs agreement applies. Do not draft the certificate or the statutory declaration. |
| What the lawyer must review | The supervising principal writes and signs the certificate and the statutory declaration. The tool lists facts from the file. It does not draft that declaration. A false or misleading certificate is an offence. Do not guess how the client arrived. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Claim-farming certificate facts**

The tool lists retainer facts. The supervising principal writes and signs the certificate and the statutory declaration.

- What the AI does: From the retainer file the lawyer marks, list how the client came to the firm, whether any payment for a referral is recorded, and which costs agreement applies. Do not draft the certificate or the statutory declaration.
- What the lawyer does: The supervising principal writes and signs the certificate and the statutory declaration. The tool lists facts from the file. It does not draft that declaration. A false or misleading certificate is an offence. Do not guess how the client arrived. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The certificate is verified by a statutory declaration. The tool lists facts only and does not draft the certificate or the declaration.

## Checks the lawyer makes

1. The tool does not draft the certificate or the statutory declaration.
2. The source of the client is taken from the file, not from an assumption that the client self-referred.
3. Any payment connected with the referral is shown to the principal before the certificate is signed.
4. A speculative Queensland claim is checked against section 347 or section 71E, as the certificate requires.
5. The Queensland form is not used on a Victorian or New South Wales file.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Legal Services Commission (Qld), laws against claim farming](https://www.lsc.qld.gov.au/for-the-profession/personal-injury-and-proceedings-act-2002-2/claim-farming) (checked 2026-10-23)
- [Legal Profession Act 2007 (Qld) s 347, speculative personal injury claims](https://www5.austlii.edu.au/au/legis/qld/consol_act/lpa2007179/s347.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 66, advertising personal injury services](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/pipa2002314/s66.html) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 9 and 36, current from 1 July 2026](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2015-0244) (checked 2026-10-23)
- [Workers Compensation Regulation 2016 (NSW) cl 73, advertising by agents](https://classic.austlii.edu.au/au/legis/nsw/consol_reg/wcr2016346/s73.html) (checked 2026-10-23)
- [Legal Profession Uniform Law (NSW) s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Queensland](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/assemble-the-retainer-facts-for-the-certificate-that-a-claim-was-not-cla/queensland.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*