Check a conditional costs agreement for the required content and any uplift cap
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft agreement, mark whether it is in writing and in plain language, whether it states the successful outcome, whether the client is to sign it, whether it tells the client they may seek independent legal advice, and whether it has a cooling-off period of at least five clear business days. If it charges an uplift, set out the basis of calculation, the estimate or range, and the uplift as a percentage of the legal costs excluding disbursements.
- What the lawyer must review
- The lawyer decides whether the matter is one in which a conditional costs agreement is allowed, whether a successful outcome is reasonably likely in a litigious matter before any uplift is agreed, and whether the uplift exceeds 25 per cent of the legal costs excluding disbursements. The lawyer settles the agreement.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the draft agreement, mark whether it is in writing and in plain language, whether it states the successful outcome, whether the client is to sign it, whether it tells the client they may seek independent legal advice, and whether it has a cooling-off period of at least five clear business days. If it charges an uplift, set out the basis of calculation, the estimate or range, and the uplift as a percentage of the legal costs excluding disbursements. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Reject a conditional costs agreement for criminal proceedings or proceedings under the Family Law Act 1975, and check rule 72B for the Western Australian Act it specifies.
- Count the cooling-off period as five clear business days, and confirm it is not being waived for a client.
- Test any uplift against 25 per cent of the legal costs excluding disbursements, and only in a litigious matter.
- Confirm the agreement states how the uplift is calculated and gives an estimate or a range with the major variables.
Sources
- Legal Profession Uniform Law (NSW) s 181, conditional costs agreements · 2026-10-22
- Legal Profession Uniform Law (NSW) s 182, uplift fees · 2026-10-22
- Legal Profession Uniform Law (NSW) s 170, commercial or government clients · 2026-10-22
- Legal Profession Uniform General Rules 2015 (NSW), compilation in force at 28 February 2025, rr 71, 72, 72A, 72B, 74 and 75 · 2026-10-22
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.