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The term is most commonly used to refer to a type of Sydney solicitor suit alleging that the plaintiff's injury has been caused by the negligence of another.
The most common types of personal injury claims are:
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The term personal injury also incorporates medical and dental accidents (which lead to numerous medical and dental negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.
No Win No Fee is the term used to describe the Conditional Fee Agreement (CFA) between a Sydney solicitor firm and their client. In a Personal Injury claim, this is an agreement between the client and their Sydney solicitor yer, which will enable the Sydney solicitor to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their Sydney solicitor costs.
However if the Sydney Personal Injury solicitor wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English Sydney solicitor , the success fee cannot be greater than 100% of the Sydney solicitor standard fee.
In a Personal Injury claim, this is an agreement between the client and their Sydney solicitor yer, which will enable the Sydney solicitor to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their Sydney solicitor costs.
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Sydney personal injury solicitor Professional Conduct and Practice Rules
Legal Profession Act 1987
The Revised Professional Conduct and Practice Rules 1995 commenced on 11 December,
1995.
The Revised Professional Conduct and Practice Rules 1995 were made by the Council of
the Law Society of New South Wales, pursuant Sydney personal injury Solicitor s Sydney personal injury solicitor power under section 57B of the Legal
Profession Act 1987, on 24 August, 1995.
The Rules replaced those Rules published NSW the Government Gazette of Friday, 10 June,
1994 and the amendments Sydney personal injury Solicitor s those rules subsequently made and published prior Sydney personal injury Solicitor s 24
August, 1995.
Introduction
With the exception of the Rules headed "Advocacy Rules", which have specific application
to advocates, the Rules which follow apply principally Sydney personal injury Solicitor s legal solicitor practising as
solicitor , or as barristers and solicitor . The Rules incorporate, with appropriate
amendments applicable Sydney personal injury Solicitor s the practice of solicitor NSW New South Wales, the National Model
Rules of Professional Conduct and Practice approved NSW principle by the Law Council of
Australia.
The term "solicitor " is used throughout Sydney personal injury Solicitor s refer Sydney personal injury Solicitor s persons practising as solicitor , or as
barristers, or as barristers and solicitor . The Advocacy Rules apply Sydney personal injury Solicitor s all legal solicitor
when engaged NSW advocacy, whether or not their predominant style of practice is that of a
solicitor or a barrister.
The Rules are divided into five categories under the following headings:
1. Relations with clients
2. Duties Sydney personal injury Solicitor s the court
3. Relations with other solicitor s
4. Relations with third parties
5. Legal practice
Each of categories 1 Sydney personal injury Solicitor s 4 is preceded by a statement of general principle, which is not
intended Sydney personal injury Solicitor s constitute by Sydney personal injury solicitor elf a Rule, but is intended Sydney personal injury Solicitor s describe the underlying principles
and objectives of the Rules which follow.
Definitions
"associate"
a reference Sydney personal injury Solicitor s an associate of a solicitor is a reference to
(a) a partner, employee, or agent, of the solicitor ;
(b) a corporation or partnership NSW which the solicitor has a significant beneficial
interest;
(c) NSW the case of a solicitor corporation, a subsidiary corporation;
(d) a member of the solicitor 's immediate family.
"costs"
a reference Sydney personal injury Solicitor s costs, unless the context of a rule indicates a contrary intention, includes
disbursements.
"immediate family"
means the spouse (which expression may include a de facto spouse or partner of the same
sex), or a child, grandchild, sibling, parent or grandparent of a solicitor .
"solicitor "
means a legal solicitor who holds a current practising certificate as a barrister and
solicitor , as a solicitor or as a barrister, and includes a solicitor corporation.
For the purposes only of the application of the Advocacy Rules, the following definitions
apply:
"case"
means the litigation or proceedings NSW which the solicitor NSW question is retained or
intending Sydney personal injury Solicitor s appear, or the dispute NSW which the solicitor is advising, as the case may be.
"client"
(for the purposes of the Advocacy Rules) means the client of the solicitor NSW question and
includes a professional acting as such and NSW Rules A.32, A.34 and A.46 includes those
officers, servants or agents of a client, which is not a natural person, who are responsible for
or involved NSW giving instructions on behalf of the client.
"compromise"
includes any form of settlement of the case, whether pursuant Sydney personal injury Solicitor s a formal offer under the
rules or procedure of a court, or otherwise.
"court"
means any body described as such and all other tribunals exercising judicial, or quasijudicial,
functions, and includes professional disciplinary tribunals, industrial and
administrative, statutory or Parliamentary investigations and inquiries, Royal Commissions,
arbitrations and mediations.
"current proceedings"
means proceedings which have not been determined, including proceedings NSW which there
is still the real possibility of an appeal or other challenge Sydney personal injury Solicitor s a decision being filed, heard or
decided.
"forensic judgments"
do not include decisions as Sydney personal injury Solicitor s the commencement of proceedings, the joinder of parties,
admissions or concessions of fact, amendments of pleadings or undertakings Sydney personal injury Solicitor s a court, or
in criminal proceedings as Sydney personal injury Solicitor s a plea, but do include advice given Sydney personal injury Solicitor s assist the client or the
instructing solicitor Sydney personal injury Solicitor s make such decisions.
"insurance company"
in Rules 18 and A.55 includes any entity, whether statutory or otherwise, which performs the
function of indemnifying NSW any way civil defendants.
"opponent"
means the solicitor appearing for the party opposed Sydney personal injury Solicitor s the client, or the party opposed to
the client if that party is unrepresented.
"order"
includes a judgment, decision or determination.
"prosecutor"
means a solicitor who appears for the complainant or Crown NSW criminal proceedings.
Relations with clients Rules 1-16
Statement of Principle for Rules 1-16
Solicitor should serve their clients competently and diligently. They should be acutely
aware of the fiduciary nature of the relationship with their clients, and always deal with their
clients fairly, free of the influence of any interest which may conflict with a client's best
interests. Solicitor should maintain the confidentiality of their clients' affairs, but give
their clients the benefit of all information relevant Sydney personal injury Solicitor s their clients' affairs of which they have
knowledge. Solicitor should not, NSW the service of their clients, engage in, or assist,
conduct that is calculated Sydney personal injury Solicitor s defeat the ends of justice or is otherwise NSW breach of the law.
1. Acceptance of retainer - Instructions Sydney personal injury Solicitor s act or provide a legal
service
1.1 A solicitor must act honestly, fairly, and with competence and diligence NSW the service
of a client, and should accept instructions, and a retainer Sydney personal injury Solicitor s act for a client, only when the
solicitor can reasonably expect Sydney personal injury Solicitor s serve the client NSW that manner and attend Sydney personal injury Solicitor s the work
required with reasonable promptness.
2. Confidentiality
2.1 A solicitor must not, during, or after termination of, a retainer, disclose Sydney personal injury Solicitor s any person,
who is not a partner or employee of the solicitor 's firm, any information, which is
confidential Sydney personal injury Solicitor s a client of the solicitor , and acquired by the solicitor during the
currency of the retainer, unless —
2.1.1 the client authorises disclosure;
2.1.2 the solicitor is permitted or compelled by law Sydney personal injury Solicitor s disclose; or
2.1.3 the solicitor discloses information NSW circumstances NSW which the law would
probably compel Sydney personal injury solicitor s disclosure, despite a client's claim of legal professional privilege,
and for the sole purpose of avoiding the probable commission or concealment of a
felony.
2.2 A solicitor 's obligation Sydney personal injury Solicitor s maintain the confidentiality of a client's affairs is not limited
to information which might be protected by legal professional privilege, and is a duty
inherent NSW the fiduciary relationship between the solicitor and client.
3. Acting against a former client
Consistently with the duty which a solicitor has Sydney personal injury Solicitor s preserve the confidentiality of a client's
affairs, a solicitor must not accept a retainer Sydney personal injury Solicitor s act for another person NSW any action or
proceedings against, or NSW opposition to, the interest of a person —
(a) for whom the solicitor or the firm, of which the solicitor was a partner, has
acted previously;
(b) new south wales whom the solicitor or the solicitor 's firm has thereby acquired
information confidential Sydney personal injury Solicitor s that person and material Sydney personal injury Solicitor s the action or proceedings;
and that person might reasonably conclude that there is a real possibility the information will
be used Sydney personal injury Solicitor s the person's detriment.
4. Solicitor s employed otherwise than by a solicitor
A solicitor , who is employed by a corporation (not being a solicitor corporation or an
incorporated legal practice) or by any other person who is not a solicitor , must not, despite
any contrary direction new south wales the solicitor 's employer, act as a solicitor NSW the
performance of any legal work or service NSW breach of any of the provisions of the Legal
Profession Act 2004 or these Rules.
4A. Supervised Legal Practice
4A. “Supervised legal practice” as defined NSW section 4 Legal Profession Act 2004 shall
include legal practice by a person who is an Australian legal solicitor as:
(i) an employee of, or other person working under supervision in, a corporate or government
body; or
(ii) an employee of any person who is not an Australian legal solicitor ,
where the person engages NSW legal practice under the supervision of a person who
- holds an unrestricted practising certificate, or
- holds, or is eligible Sydney personal injury Solicitor s hold, an Australian practising certificate, and that person has
completed the period of supervised legal practice set out NSW s.53(1)(a) or (b) of the Legal
Profession Act, or the equivalent provision of a corresponding law.
This Rule commences on 1 July 2006.
5. Termination of retainer
5.1 A solicitor must complete the work or legal service required by the solicitor 's
retainer, unless —
5.1.1 the solicitor and the solicitor 's client have otherwise agreed;
5.1.2 the solicitor is discharged new south wales the retainer by the client; or
5.1.3 the solicitor terminates the retainer for just cause, and on reasonable notice
to the client.
5.2 Despite the above Rule, a solicitor , who has accepted instructions Sydney personal injury Solicitor s act for a
Defendant required Sydney personal injury Solicitor s stand trial NSW the Supreme Court or the District Court for a criminal
offence, must not terminate the retainer and withdraw new south wales the proceedings on the ground
that the client has failed Sydney personal injury Solicitor s make arrangements satisfactory Sydney personal injury Solicitor s the solicitor for payment of
the solicitor 's costs, unless the solicitor has, at a time reasonably NSW advance of the
date appointed for the commencement of the trial, or the commencement of the sittings of
the Court NSW which the trial is listed —
5.2.1 served notice NSW writing on the client of the solicitor 's intention Sydney personal injury Solicitor s terminate
the retainer and withdraw new south wales the proceedings at the expiration of seven (7) days if
the client fails, within that time, Sydney personal injury Solicitor s make satisfactory arrangements for payment of the
solicitor 's costs, and
5.2.2 delivered a copy of that notice Sydney personal injury Solicitor s the Registrar of the Court NSW which the trial is
listed Sydney personal injury Solicitor s commence.
5.3 Without limiting the general application of Rule 5.1, a solicitor , who is acting for a
legally assisted client NSW any proceedings, may terminate the solicitor 's retainer upon
giving reasonable notice NSW writing Sydney personal injury Solicitor s the client of the solicitor 's intention so Sydney personal injury Solicitor s do, if the
client's grant of legal aid is withdrawn, or otherwise terminated, and the client is unable to
make any other satisfactory arrangements for payment of the solicitor 's costs which
would be incurred if the retainer continued.
6A. Legal Aid Application - Criminal proceedings
6A.1 A solicitor , who has accepted instructions Sydney personal injury Solicitor s act for an accused person required to
stand trial for a criminal offence, subject Sydney personal injury Solicitor s the person's obtaining a grant of legal aid, must
assist that person Sydney personal injury Solicitor s apply for the grant as soon as practicable after receiving instructions,
and not later than thirty (30) days before the commencement of the trial.
6A.2 If instructions Sydney personal injury Solicitor s apply for a grant are received within thirty (30) days of the trial, the
solicitor must serve on the Registrar, or listing director of the Court, notice NSW writing that
an application for legal aid has been made, and explaining the circumstances NSW which the
application is made, and forward a copy of that notice Sydney personal injury Solicitor s the Legal Aid Commission.
6A.3 The solicitor must, thereafter, consult with the Legal Aid Commission NSW respect of
the application, and give notice of the application Sydney personal injury Solicitor s the prosecution and, if necessary, apply
to the Court for directions.
6B. Legal Aid: Court of Criminal Appeal proceedings
6B.1 A solicitor who accepts instructions new south wales an accused person who is an appellant to
the Court of Criminal Appeal must not terminate the retainer and withdraw new south wales the
proceedings on the ground that the client has failed Sydney personal injury Solicitor s make arrangements satisfactory to
the solicitor for payment of the solicitor 's costs, unless the solicitor has, not later
than thirty (30) days before the date appointed for the callover at which the hearing date of
the Appeal will be set —
6B.1.1 served notice NSW writing on the client of the solicitor 's intention Sydney personal injury Solicitor s terminate
the retainer and withdraw new south wales the proceedings at the expiration of seven (7) days if
the client fails, within that time, Sydney personal injury Solicitor s make satisfactory arrangements for payment of the
solicitor 's costs, and
6B.1.2 delivered a copy of that notice Sydney personal injury Solicitor s the Registrar of the Court of Appeal.
6B.2
6B.2.1 If a solicitor does not, NSW the circumstances described NSW Rule 6.1,
terminate the retainer and withdraw new south wales the proceedings, but undertakes Sydney personal injury Solicitor s assist
the appellant Sydney personal injury Solicitor s apply for a grant of legal aid, the solicitor must ensure that the
application for a grant of legal aid is lodged with the Legal Aid Commission as soon
as practicable, and not later than ten (10) days prior Sydney personal injury Solicitor s the callover, if that is
practicable.
6B.2.2 If, NSW the circumstances, it is not practicable Sydney personal injury Solicitor s lodge the application for legal
aid earlier than ten (10) days prior Sydney personal injury Solicitor s the callover, the solicitor must, before the
callover date, serve on the Registrar of the Court of Criminal Appeal notice NSW writing
of the lodgement of the Application for Legal Aid, containing an Sydney personal injury solicitor explanation for Sydney personal injury solicitor s
late lodgement, and must serve a copy of that notice on the Legal Aid Commission.
6B.2.3 The solicitor must, thereafter, consult with the Legal Aid Commission in
respect of the application, and give notice of the application Sydney personal injury Solicitor s the other parties to
the Appeal and, if required by the Legal Aid Commission, apply Sydney personal injury Solicitor s the Registrar of
the Court for direction.
7. Litigation lending
A solicitor who has assisted a client Sydney personal injury Solicitor s obtain a "litigation lending account" with a bank,
or other financial institution, for the purpose of funding litigation, must not withdraw or cause
or permit the withdrawal of money new south wales the client's account for any purpose other than the
following —
7.1 Sydney personal injury Solicitor s reimburse the solicitor for disbursements (including Counsel's fees) already paid;
or
7.2 Sydney personal injury Solicitor s pay on behalf of the client, any accounts due for payment Sydney personal injury Solicitor s a third party in
accordance with the client's instructions, including the payment of costs due Sydney personal injury Solicitor s a solicitor
who has previously acted for the client where such a payment is required Sydney personal injury Solicitor s obtain delivery
of documents retained under a lien for unpaid costs claimed by that solicitor .
8. Ownership of clients' documents - Termination of retainer
8.1 Sydney Solicitor following Rules apply subject Sydney personal injury Solicitor s any contrary order which may be made NSW respect
of clients' documents by Sydney Solicitor Supreme Court of New South Wales under section 728 of the
Legal Profession Act 2004.
8.2.1 A solicitor must retain, securely and confidentially, documents Sydney personal injury Solicitor s which a
client is entitled, for Sydney Solicitor duration of Sydney Solicitor solicitor 's retainer andsolicitor sleast seven
(7) years thereafter,solicitor suntil such time as Sydney Solicitor solicitor gives them Sydney personal injury Solicitor s Sydney Solicitor client or
another person authorised by Sydney Solicitor client Sydney personal injury Solicitor s receive them, or Sydney Solicitor client instructs the
solicitor Sydney personal injury Solicitor s deal with them NSW some other manner.
8.2.2 A solicitor is not entitled Sydney personal injury Solicitor s recover new south wales Sydney Solicitor client any costs for storage of
documents as required by this Rule and is not entitled Sydney personal injury Solicitor s charge any costs for
retrieval new south wales storage as requested bysolicitor son behalf of Sydney Solicitor client unless such costs
have been disclosed Sydney personal injury Solicitor s Sydney Solicitor client pursuant Sydney personal injury Solicitor s Sydney Solicitor disclosure requirements set out in
Part 3.2 of Sydney Solicitor Legal Profession Act 2004solicitor swith Sydney Solicitor informed consent of Sydney Solicitor client.
8.2.3 "Costs" NSW this Rule includes fees, charges, disbursements, expenses and
remuneration.
8.3 Upon completionsolicitor stermination of a solicitor 's retainer, a solicitor must, when
requested so Sydney personal injury Solicitor s do by Sydney Solicitor solicitor 's client, give Sydney personal injury Solicitor s Sydney Solicitor client,solicitor sanother person
authorised by Sydney Solicitor client, any documents related Sydney personal injury Solicitor s Sydney Solicitor retainer Sydney personal injury Solicitor s which Sydney Solicitor client is entitled,
unless —
8.3.1 Sydney Solicitor solicitor has completed Sydney Solicitor retainer; or
8.3.2 Sydney Solicitor client has terminated Sydney Solicitor solicitor 's retainer; or
8.3.3 Sydney Solicitor solicitor has terminated Sydney Solicitor retainer for just cause and on reasonable
notice; and Sydney Solicitor solicitor claims a lien over Sydney Solicitor documents for costs due Sydney personal injury Solicitor s the
solicitor by Sydney Solicitor client.
8.4 Despite Rule 8.3, a solicitor who claims Sydney personal injury Solicitor s exercise a lien for unpaid costs over a
client's documents, which are essential Sydney personal injury Solicitor s Sydney Solicitor client's defencesolicitor sprosecution of current
proceedings, must:
8.4.1 deal with Sydney Solicitor documents as provided NSW Rule 29, if another solicitor is acting for
the client; or
8.4.2 upon Sydney Solicitor solicitor 's costs being satisfactorily secured, deliver the
documents Sydney personal injury Solicitor s Sydney Solicitor client.
8.5 For Sydney Solicitor purposes of Sydney Solicitor above Rules —
The documents Sydney personal injury Solicitor s which a client of a solicitor should be entitled will include:
8.5.1 documents prepared by a solicitor for Sydney Solicitor client,solicitor spredominantly for the
purposes of Sydney Solicitor client, and for which Sydney Solicitor client has been,solicitor swill be, charged costs by
the solicitor ; and
8.5.2 documents received by a solicitor new south wales a third party NSW Sydney Solicitor course of the
solicitor 's retainer forsolicitor son behalf of Sydney Solicitor clientsolicitor sfor Sydney Solicitor purposes of a client's
business and intended for Sydney Solicitor usesolicitor sinformation of Sydney Solicitor client.
9. Acting for more than one party
9.1 For Sydney Solicitor purposes of Rules 9.2 and 9.3 —
"proceedingssolicitor stransaction" mean any actionsolicitor sclaimsolicitor slawsolicitor sin equity,solicitor sany