Check a costs agreement is written and does not exclude assessment
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft agreement, record who the parties are, whether the agreement is written or evidenced in writing, and whether acceptance is in writing or by other conduct. Record any clause that says the legal costs are not subject to a costs assessment. If the lawyer says the agreement is conditional, record that other conduct is not a permitted acceptance. Do not send the agreement.
- What the lawyer must review
- The lawyer decides whether section 180 is met, including who may be the parties, whether a conditional agreement is accepted in writing, and whether any clause excludes a costs assessment.
- 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, record who the parties are, whether the agreement is written or evidenced in writing, and whether acceptance is in writing or by other conduct. Record any clause that says the legal costs are not subject to a costs assessment. If the lawyer says the agreement is conditional, record that other conduct is not a permitted acceptance. Do not send the agreement. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The parties are one of the four pairs section 180(1) allows.
- The agreement is written or evidenced in writing.
- Acceptance by conduct is recorded only where the lawyer says the agreement is not conditional.
- No clause says the legal costs are not subject to a costs assessment.
Sources
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.