---
title: "Check a costs agreement is written and does not exclude assessment"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment"
type: "task"
site: "AI Law Framework"
id: "A42-PE20261022-19"
practice_area: "Costs, billing & litigation funding"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a costs agreement is written and does not exclude assessment

> 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.…

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment  
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, 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 / 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, 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 does: 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.
- 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. The parties are one of the four pairs section 180(1) allows.
2. The agreement is written or evidenced in writing.
3. Acceptance by conduct is recorded only where the lawyer says the agreement is not conditional.
4. No clause says the legal costs are not subject to a costs assessment.

## 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 180, making costs agreements](https://classic.austlii.edu.au/au/legis/nsw/consol_act/lpul333/s180.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/check-a-costs-agreement-is-written-and-does-not-exclude-assessment/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.*