Explain what the client pays if a personal injury claim does not succeed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the costs agreement the lawyer has settled, draft a short letter stating whether professional fees and any uplift are payable, whether disbursements remain payable, and that the other side's costs may be payable. Do not send the letter.
- What the lawyer must review
- The lawyer settles the letter, including what remains payable if the claim fails.
- Follow the successful-outcome clause for professional fees and any uplift.
- State whether disbursements, funding charges and the other side's costs may still be payable.
- 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. 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
- 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.