---
title: "Check a conditional costs agreement for the required content and any uplift cap"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl"
type: "task"
site: "AI Law Framework"
id: "A42-PE20261022-2"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a conditional costs agreement for the required content and any uplift cap

> 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…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl  
Last reviewed: 2026-10-22

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 | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- 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.

## Checks the lawyer makes

1. 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.
2. Count the cooling-off period as five clear business days, and confirm it is not being waived for a client.
3. Test any uplift against 25 per cent of the legal costs excluding disbursements, and only in a litigious matter.
4. Confirm the agreement states how the uplift is calculated and gives an estimate or a range with the major variables.

## 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 Profession Uniform Law (NSW) s 181, conditional costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s181.html) (checked 2026-10-22)
- [Legal Profession Uniform Law (NSW) s 182, uplift fees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s182.html) (checked 2026-10-22)
- [Legal Profession Uniform Law (NSW) s 170, commercial or government clients](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s170.html) (checked 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](https://legislation.nsw.gov.au/view/whole/html/inforce/2025-02-28/sl-2015-0246) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-conditional-costs-agreement-for-the-required-content-and-any-upl/united-states.md) | Yellow |

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