Don’t get caught out.
Costs are often unable to be recovered due to a lack of or poor recording, rather than insufficient work undertaken.
Consequences of inadequate recording – On a Solicitor and Own Client basis:
- Ambiguity regarding instructions provided and advice
- Inability to defend an allegation of professional negligence
- Unable to justify work and consequently recover fees
- If no contemporaneous file notes kept this leaves Solicitors open to various accusations
Consequences of inadequate recording – On a Standard or Party & Party basis:
- Items of work cannot be substantiated if there is a lack of contemporaneous file evidence
- Bill of Costs / Costs Statement will include a limited recoverable amount from the other party
- Bill of Costs / Costs Statement will lack evidence to defend objections to
- Insufficient information to provide to Registrar / Court Appointed Assessor
- May be negligent of failure to record
- Inability to maximise any party and party costs recovery and potential failure of duty to the client