Draft a New South Wales conditional 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 that states the successful outcome, a cooling-off period of not less than 5 clear business days, any uplift, and whether disbursements are payable if the claim fails. If the lawyer marks a statutory benefits claim, do not promise a fee the Act says cannot be recovered. Do not send it.
- What the lawyer must review
- Settle the successful outcome, the uplift and the disbursement clause.
- Do not calculate the fee from the amount recovered.
- On a statutory benefits claim, check that the regulated maximum prevails.
- Say whether disbursements stay payable if the claim fails.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes organising research leads and preparing preliminary structure or wording. 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.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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.