Draft a no win no fee costs agreement for a personal injury claim
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the scope and estimates the lawyer marks, draft a conditional costs agreement in plain language that states the successful outcome, the cooling-off period, any uplift, and whether disbursements are payable if the claim fails. The client signs nothing until the lawyer settles it.
- What the lawyer must review
- The lawyer settles the agreement the client will sign, including what counts as a successful outcome.
- Keep any uplift within the cap, and do not calculate the fee from the amount recovered.
- Say clearly whether disbursements are payable if the claim fails.
- Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and assembling provisional schedules. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.