Preconditions for Contingency Fee Agreements in Australia and Germany
Scientific Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 83 percent, The University of Adelaide, 39 entries in the bibliography, language: English, abstract: This essay will show the advantages of comparative law in the development of appropriate preconditions for contingency fee agreements. After describing the current provisions concerning contingency fees in Australia and Germany, both the Australian and the German approaches will be critically examined concerning the preconditions of conditional cost agreements. The author concludes with the following findings: Sufficient information for the client is one of the most important elements when entering into a conditional cost agreement. The legislators in both countries have set up a good basis by implementing the requirements of written form and client information. The comparative look shows that the exclusion of criminal law and family law matters is unnecessary from a legal perspective and should lead to an amendment of the actual prohibition clauses in the Australian acts. Finally, it must be strongly recommended that Germany should follow the Australian example and implement a “cooling-off period” to address the client’s need for both sufficient information and effective action.
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100 penalty units 57 Anwaltsblatt 60 Neue Juristische Anwaltliches Erfolgshonorar apply to conditional areas of law Australia and Germany Australian legislators Beschluss des Bundesverfassungsgerichts class actions clients being sophisticated conditional cost agreement conditional fee agreement Conduct and Practice Constitutional Court Beschluss contingency fee agreements cooling-off period criminal law entitled to demand Erfolg Excluded matters relating family law matters Federal Constitutional Court fees in Australia form and information Forms of contingency Juristische Wochenschrift 979 law and family law or family law practices Laws of Australia Lawyer Remuneration Act legal advice legal consequences Legal Practitioners Act Legal Profession Act Legal Profession Bill litigation Matthias Kilian maximum penalty Mulheron narrow sense Neue Juristische Wochenschrift palmarium payment Practitioners Act 1981 Preconditions for contingency Profession Act 2007 Profession Bill 2007 Professional Conduct prohibition of contingency Remuneration Act Rechtsanwaltsvergütungsgesetz Rules of Professional sentence standard fee successful outcome uplift fee wide sense Written form