Legal Costs Committee

Legal Costs Committee Basis of Costing Survey For Lawyers

Introduction
The Legal Costs Committee is an independent statutory committee established under the Legal Practice Act 2003 (the Act) to make determinations regulating the remuneration of legal practitioners in respect of non-contentious business carried out by practitioners and contentious business carried out by practitioners in or for the purposes of proceedings before:

The Supreme Court;
The District Court;
The Magistrates Courts; and
Such other court as the Attorney General may declare to be a court for which a determination should be made.

The Legal Costs Committee is required to review each determination in force at least once in the period of 2 years after it was made and in each period of 2 years thereafter. This questionnaire is part of the review process for the Supreme and District Court scales of costs. The Legal Costs Committee is interested in determining the basis of costing used by firms who practice in the Supreme Court, the District Court, the Magistrates Courts jurisdictions as well as members of the Independent Bars.

The Committee is particularly interested in eliciting comments in response to Section G – Scale of Costs, and suggested alternatives to costs scales.

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.
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 Firm

A.2

Number of Senior Practitioners (admitted for over 5 years): (tick one only)
0 - 5
6 - 10
11 - 15
16 - 20
21+

A.3

Number of Junior Practitioners (admitted for under 5 years): (tick one only)
0 - 5
6 - 10
11 - 15
16 - 20
21+

A.4

Number of Clerks/Paralegals (including articled clerks): (tick one only)
0 - 5
6 - 10
11 - 15
16 - 20
21+

A.5

Proportion of work that is litigation: (tick one only)
0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%

A.6

Proportion of work that is in the Supreme Court: (tick one only)
0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%

A.7

Proportion of work that is in the District Court:
0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%

A.8

Proportion of work that is in the Magistrates Court (civil jurisdiction): (tick one only)
0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%

A.9

Proportion of work that is in another State specialist Court/Tribunal: (tick one only)

Court/tribunal:

0 - 20%
21 - 40%
41 - 60%
61 - 80%
81 - 100%

BASIS OF COSTING USED - SCALE

B.1

Do you use the scale set by the Legal Costs Committee as the basis of some of your charges?
Yes
No (Go to Section C)

B.2

What average hourly rate do you charge when using the scale for the Supreme Court? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
< $150 $150 - 199 $200 - 249 $250 - 340 $341 (scale)	< $100 $100 - 149 $150 - 230 $231 (scale)	< $50 $50 - 99 $100 - 164 $165 (scale)

B.3

What average hourly rate do you charge when using the scale for the District Court? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
< $150 $150 - 199 $200 - 249 $250 - 340 $341 (scale)	< $100 $100 - 149 $150 - 230 $231 (scale)	< $50 $50 - 99 $100 - 164 $165 (scale)

B.4

What average hourly rate do you charge when using the scale for the Magistrates Court (civil jurisdiction)? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
< $100 $100 - 149 $150 - 199 $200 - 285 $286 (scale)	< $75 $75 - 124 $125 - 197 $198 (scale)	< $25 $25 - 49 $50 - 87 $88 (scale)

B.5

What average hourly rate do you charge when using the scale for the Magistrates Court (criminal jurisdiction)? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
< $100 $100 - 149 $150 - 285 $286 (scale)	< $50 $50 - 99 $100 - 197 $198 (scale)	< $25 $25 - 87 $88 (scale)

B.6

If you charge under the scale, why do you do so? (tick as many as apply)

	Don’t charge under the scale
	Limited amount recovered from party-party
	Loss leading
	Competition
	Other (please specify)

B.7

Do you think the current hourly rates set by the scale are adequate?
Yes
No

BASIS OF COSTING USED - COSTS AGREEMENTS

C.1

Do you use costs agreements for the basis of some of your charges?
Yes
No (Go to Section D)

C.2

Do you use costs agreements based on hourly rates?

Yes
No (Go to C.8)

C.3

What average hourly rate do you charge for Supreme Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
≤ $341 (scale) $342 - 349 $350 - 399 $400 - 449 $450 - 499 $500 - 549 $550 - 599 $600 +	≤ $231 (scale) $232 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 +	≤ $165 (scale) $166 - 199 $200 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 +

C.4

What average hourly rate do you charge for District Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
≤ $341 (scale) $342 - 349 $350 - 399 $400 - 449 $450 - 499 $500 - 549 $550 - 599 $600 +	≤ $231 (scale) $232 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 +	≤ $165 (scale) $166 - 199 $200 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 +

C.5

What average hourly rate do you charge for Magistrates Court (civil) work? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
≤ $286 (scale) $287 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 - 549 $550 +	≤ $198 (scale) $199 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 +	≤ $88 (scale) $89 - 99 $100 - 149 $150 - 199 $200 - 249 $250 - 299 $300 - 349 $350 +

C.6

What average hourly rate do you charge for Magistrates Court (criminal) work? (tick one box per column) (all amounts are inclusive of GST)

a) For Senior Practitioners:	b) For Junior Practitioners:	c) For Clerk/ Paralegal:
≤ $286 (scale) $287 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 - 549 $550 +	≤ $198 (scale) $199 - 249 $250 - 299 $300 - 349 $350 - 399 $400 - 449 $450 - 499 $500 +	≤ $88 (scale) $89 - 99 $100 - 149 $150 - 199 $200 - 249 $250 - 299 $300 - 349 $350 +

C.7

If you charge more than the scale, why do you do so? (tick as many as apply)

	Don't charge more than the scale
	Gravity of the matter
	Urgency of the matter
	Specialty
	Competition
	Expectation of clients
	Other (please specify)

C.8

Do you use costs agreements based on a lump sum?
Yes
No (Go to C. 10)

C.9

How do you determine the value of the lump sum payment? (tick as many as apply)

	Ad valorem
	Tender/quoted price
	Other (please specify)

C.10

Do you use any other basis for determining the costs agreement?
No
Yes (please describe)

D. BASIS OF COSTING USED - OTHER

D.1

Please indicate if you use any of these other bases for determining your costing: (tick as many as apply)

	No win/no fee
	Party/party costs
	Other (please describe)

COST OF COUNSEL

E.1

What average daily rate do you pay external counsel for Supreme Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $1000	≤ $1000
$1001 - 2000	$1001 - 2000
$2001 - 3000	$2001 - 3000
$3001 - 4000	$3001 - 4000
$4001 - 5000	$4001 - 5000
$5001 - 6000	$5001 - 6000
$6001 +	$6001 +

E.2

What average daily rate do you pay external counsel for District Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $1000	≤ $1000
$1001 - 2000	$1001 - 2000
$2001 - 3000	$2001 - 3000
$3001 - 4000	$3001 - 4000
$4001 - 5000	$4001 - 5000
$5001 - 6000	$5001 - 6000
$6001 +	$6001 +

E.3

What average daily rate do you pay external counsel for Magistrates Court (civil or criminal) work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $1000	≤ $1000
$1001 - 2000	$1001 - 2000
$2001 - 3000	$2001 - 3000
$3001 - 4000	$3001 - 4000
$4001 - 5000	$4001 - 5000
$5001 - 6000	$5001 - 6000
$6001 +	$6001 +

E.4

What average hourly rate do you pay external counsel for Supreme Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $300	≤ $200
$301 - 350	$201 - 250
$351 - 400	$251 - 300
$401 - 450	$301 - 350
$451 - 500	$351 - 400
$501 - 550	$401 - 450
$551 - 600	$451 - 500
$601 +	$501 +

E.5

What average hourly rate do you pay external counsel for District Court work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $300	≤ $200
$301 - 350	$201 - 250
$351 - 400	$251 - 300
$401 - 450	$301 - 350
$451 - 500	$351 - 400
$501 - 550	$401 - 450
$551 - 600	$451 - 500
$601 +	$501 +

E.6

What average hourly rate do you pay external counsel for Magistrates Court (civil) work? (tick one box per column) (all amounts are inclusive of GST)

a) For Queens/Senior Counsel:	b) For Counsel:
≤ $250	≤ $150
$251 - 300	$151 - 200
$301 - 350	$201 - 250
$351 - 400	$251 - 300
$401 - 450	$301 - 350
$451 - 500	$351 - 400
$501 - 550	$401 - 450
$551 +	$451 +

F. RECOVERY OF COSTS ON TAXATION

F.1

What percentage of recovery of solicitor/ client costs from party/party taxation do you normally receive in the Supreme Court? (tick one only)
< 50%
50 - 59%
60 - 69%
70 - 79%
80% +

F.2

What percentage of recovery of solicitor/ client costs from party/party taxation do you normally receive in the District Court? (tick one only)
< 50%
50 - 59%
60 - 69%
70 - 79%
80% +

G. SCALE OF COSTS

G.1

Hourly rates were introduced in 1996 as the basis of the scale of costs. Do you think this is an appropriate basis?
Yes
No

G.2

Is there an alternative you would prefer to hourly rates? (tick as many as apply)
Ad valorem
Lump sum for item
Milestones (e.g. workers compensation)
Completely abandon scale of costs
No, happy with hourly rates (Go to G. 4)
Other (please specify)

G.3

Why do you prefer that (those) alternative(s)?

G.4

Would changing the hourly rate basis of the scale of costs create any logistical problems?

G.5

If the current system of hourly rates continues, are there any changes that you would suggest?

G.6

Do you think the current categories of the scale of costs (based on hourly rates) are sufficient?
Yes (Go to G.8)
No

G.7

Please describe the changes you think are necessary:

G.8

Do you think the current allowances of the scale of costs (based on hourly rates) are sufficient?
Yes (Please skip G.9)
No

G.9

Please describe the changes you think are necessary: