Legal Costs Committee

Legal Costs Committee Basis of Costing Survey For Consumers of Legal Services

Introduction
The Legal Costs Committee is appointed by the Government to set a "scale of costs". A scale of costs sets out the maximum amount that can be charged by lawyers in Western Australia, unless they have a written costs agreement with their clients.

The Committee is looking for information from the public about the fees which they have been charged by lawyers. This information will be used to help the committee in making its decisions.

The information the Committee is asking about at this time relates only to the costs charged by lawyers for work done in the Supreme Court, the District Court or the Magistrates Court (which used to be called either the Local Court or the Court of Petty Sessions). That is, not for family law work, or for general advice, e.g. drafting a will or buying or selling property.

You are invited to fill in the survey attached and provide the Committee with information about the legal fees you have paid.

How to complete this questionnaire
Please read the questions and instructions carefully. If you have any queries about the questionnaire, please contact the Legal Costs Committee on (08) 9425 3261 or by email to brian.bennett@justice.wa.gov.au

Electronic Version: Please complete the questionnaire electronically by clicking in the appropriate box or typing in your answer where directed. If you are filling out the questionnaire on behalf of your company, please respond according all of your company’s legal representation, not just the cases you have been involved in. Once you have completed the questionnaire, please return it electronically to the Legal Costs Committee by clicking the SUBMIT button at the end of the questionnaire, by Friday 17th March 2006

Hard copy version: Please complete the questionnaire by ticking in the appropriate box or writing in your answer where directed.

Once you have completed the questionnaire, please return it by Friday 17th March 2006 to the Secretary of the Legal Costs Committee by fax ((08) 9425 3278) or post to:

Legal Costs Committee
C/o Brian Bennett
Level 12, International House
26 St Georges Terrace
PERTH WA 6000

Confidentiality
Any answers that you provide on this survey will remain confidential. Subject to the Freedom of Information Act 1992, no identifying information will be released outside of the Legal Costs Committee. Any information published will be in an aggregate form to protect the individuals

DEMOGRAPHIC INFORMATION

A.1

Name of Company/Individual

A.2

How often have you used legal services on average? (tick one only)
Once only
2 – 3 times only
More than 3 times but less than yearly
Yearly
More than yearly but less than monthly
Monthly
More than monthly

A.3

In which courts have you received legal representation? (tick as many as apply)
Supreme Court
District Court
Magistrates Court (civil)
Magistrates Court (criminal)
Other (please specify)

A.4

Have you been represented as a: (tick one only)
Defendant
Plaintiff
Both

A.5

What type of lawyer represented you? (tick as many as apply)
Senior Practitioner (>5 years experience)
Junior Practitioner (<5 years experience)
Barrister
Queens Counsel/Senior Counsel
Clerk/Paralegal
Don’t know

DETAILS OF COSTS

B.1

Were you charged at an hourly rate?
Yes
No (Go to B.4)

B.2

What average hourly rate were you charged for cases that were heard in the Supreme Court? (tick one only) (all amounts are inclusive of GST)

Did not appear in the Supreme Court.
< $100 $100 - 164 $165 $166 - 230 $231 $232 - 250 $251 - 300 $301 - 340	$341 $342 - 400 $401 - 450 $451 - 500 $501 - 550 $551 - 600 $601 +

B.3

What average hourly rate were you charged for cases that were heard in the District Court? (tick one only) (all amounts are inclusive of GST)

Did not appear in the District Court
< $100 $100 - 164 $165 $166 - 230 $231 $232 - 250 $251 - 300 $301 - 340	$341 $342 - 400 $401 - 450 $451 - 500 $501 - 550 $551 - 600 $600 +

B.4

What average hourly rate were you charged for cases that were heard in the Magistrates Court (civil)? (tick one only) (all amounts are inclusive of GST)

Did not appear in the Magistrates Court (civil)
< $88 $88 $89 - 124 $125 - 197 $198 $199 - 285 $286 $287 - 300	$301 - 350 $351 - 400 $401 - 450 $451 - 500 $501 - 550 $551 - 600 $601 +

B.5

What average hourly rate were you charged for cases that were heard in the Magistrates Court (criminal)? (tick one only) (all amounts are inclusive of GST)

Did not appear in the Magistrates Court (criminal)
< $88 $88 $89 - 124 $125 - 197 $198 $199 - 285 $286 $287 - 300	$301 - 350 $351 - 400 $401 - 450 $451 - 500 $501 - 550 $551 - 600 $601 +

B.6

Were you charged a lump sum for the legal representation?
Yes
No (Go to B. 8)

B.7

Please give details of how the value of the lump sum payment was determined.

B.8

Please indicate if any conditions were included in the cost of the legal work. (tick as many as apply)
No win/no pay
Party/party costs
No other conditions
Other (please describe)

B.9

Do you use a panel contract or tender for your legal representation?
Yes
No (Go to B. 11)

B.10

Do you have regard to the scale of costs set by the Legal Costs Committee when determining the cost of the tender?
Yes
No

B.11

Did you sign a costs agreement for your legal representation?
Yes, for all
Yes, for some
No for all (Go to B.13)

B.12

Was the relevant scale of costs explained to you?
Yes
No
Not sure

B.13

Did you recover costs in your action?
Yes
No (Go to B.15)

B.14

How much of the costs outlaid were recovered? (tick one only)
Less than half
Half to less than two-thirds
Two-thirds to less than three-quarters
More than three-quarters

B.15

Did you pay the other side’s costs in your action?
Yes
No (Go to B.17)

B.16

How much were these costs compared to the costs you paid? (tick one only)
Less than half
Half to less than two-thirds
Two-thirds to less than three-quarters
More than three-quarters to less than total of own costs paid
More than total of own costs paid

B.17

Do you have any other comments regarding the costs you paid for your legal work?