A. There is no legal bar to a legal practitioner instituting legal proceedings when a client lodges a complaint with the Legal Practitioners Conduct Board in relation to their account. Before instituting legal proceedings legal practitioners must ensure that they satisfy their obligations under Section 41 of the Legal Practitioners Act 1981, in that they provide a bill to the client specifying the total amount of legal costs and describe the legal work done in relation to those costs.

If a client requests an itemised account, the legal practitioner is an under an obligation, at any time within six months after delivery of a bill of costs, to provide that itemised account stating the date, a description of the work done (eg number of pages of letters and the amount of time spent at an attendance) and an amount for each item. The provision of an itemised account is to be provided at no cost to the client.

However, it may not be conducive to resolution of the complaint lodged with the Legal Practitioners Conduct Board if legal proceedings are instituted. The Board's practice is to defer investigation of complaints when legal proceedings are instituted. The legal practitioner may wish to consider attending conciliation at the Legal Practitioners Conduct Board in an attempt to resolve the matter. However, attendance at conciliation is voluntary.

Q. If there is a dispute with a legal practitioner representing another party over costs, does the Legal Practitioners Conduct Board have jurisdiction?

A. The Legal Practitioners Conduct Board has jurisdiction to deal with overcharging under section 77A of the Legal Practitioners Act 1981. The Board has interpreted this section to require them to investigate solicitor/client cost disputes, not disputes in relation to party/party costs.

Q. If another legal practitioner makes a disparaging remark verbally or in correspondence about your professionalism, is that misconduct that can be investigated by the Legal Practitioners Conduct Board?

A. The Board has power to investigate allegations of unprofessional and unsatisfactory conduct in relation to legal practitioners. "Unprofessional conduct" and "unsatisfactory conduct" are defined in section 5 of the Legal Practitioners Act 1981.

Rule 21 of the Rules of Professional Conduct and Practice deals with communication between practitioners. The rule provides that practitioners in communicating with other practitioners "must take all reasonable care to maintain the integrity and reputation of the legal profession by ensuring that the practitioner's communications are courteous and that the practitioner avoids offensive or provocative language or conduct".

It is a question of degree to be determined on the facts of each case.

However, it would be hoped that if statements made in the heat of legal argument result in offence to a legal practitioner, that they could raise those concerns directly with the legal practitioner in question in the hope that the matter can be resolved without leading to a complaint.

Q. Can I claim or charge legal costs if I do not have a costs agreement in place with the client?

A. A solicitor is not precluded from sending an account to a client if there is no costs agreement in place. However, under Rule 41 of the Rules of Professional Conduct and Practice a solicitor is required as soon as practicable after taking first instructions from a client to provide the client with written advice as to the reasonably estimated range of costs and disbursements that the client may incur by pursuing the legal activity and the basis on which those costs will be charged ie time or Scale. Therefore, while a solicitor is not precluded from sending an account and may recover their legal costs, it may amount to a breach of the Rules of Professional Conduct & Practice which would need to be considered by the Board. Failure to communicate about costs may amount to unprofessional or unsatisfactory conduct.

You should also refer to the Costs section of this website.

Click here for Frequently Asked Questions for the general public.

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