Care and Consideration

The law in Queensland and Australia provides that when a file is costed, an allowance can be made for general care and consideration. Care and consideration is an amount allowed in addition to set fees, which compensates for work done, for which the scale doesn’t adequately provide given the nature or complexity of a matter. It compensates, for example:

• For multiple drafts of complex documents/letters;
• For re reading your file before a conference with you or before court;
• For inter office conferences where a number of solicitors meet to discuss the way forward on your file.

Family law is not a straightforward area of law. It is a complex and specialised area. The knowledge and experience gained by our family lawyers enables them to apply their skill and knowledge to unique matters. As a guide, the court has considered an allocation of 15% to 35% is fair and reasonable fee for care and consideration.

Care and consideration at Power Legal

As a matter of course, at Power Legal, unless your matter is particularly complex, we charge 10% for care and consideration. Care and consideration would not be appropriate for routine tasks requiring basic skills expected of a lawyer and those that could be performed by a paralegal or clerk.

At Power Legal we engage Queensland Independent Costing Services (QICS) to cost our files. It is fair to us and fair to our clients. Care and consideration is not automatic, it is discretionary and if there is a dispute, the decision as to whether or not it is allowed rests upon the cost assessor. If QICS need to make a decision regarding what to charge you, QICS will always favour you, the client, rather than us.

If after reading this factsheet you have further queries and wish to speak with one of our solicitors, please contact us.