Lawyers and Conveyancers Act 2006

Miscellaneous provisions - Conditional fee agreements

333: Definitions

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"What special words mean in the law about lawyers and clients"

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You are looking at rules about agreements between lawyers and clients. A conditional fee agreement is when a lawyer only gets paid if they win a case for you. The lawyer's payment depends on the outcome of the matter. You need to know what a normal fee is. A normal fee is what the lawyer would usually charge for their services. It is not based on whether the lawyer wins or loses the case. There is also something called a premium. A premium is extra money the lawyer might get if they win the case. The premium is to help the lawyer because they took a risk by not getting paid until the end of the case. The premium is only paid if the lawyer wins the case and it is written in the agreement. It helps the lawyer because they did not get paid until the end and they took a risk. The premium is not based on how much money you get if you win the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367817.

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Part 11Miscellaneous provisions
Conditional fee agreements

333Definitions

  1. For the purposes of this section and sections 334 and 335,—

    conditional fee agreement means an agreement under which a lawyer agrees with a client that some or all of the lawyer's fees and expenses for the provision to that client of advocacy or litigation services in respect of a matter are payable only if the outcome of that matter is successful

      normal fee, in relation to a conditional fee agreement, is the amount of the remuneration that would be payable for the services provided by the lawyer under the agreement if that amount were not contingent on the outcome of the matter to which the remuneration relates

        premium, in relation to a conditional fee agreement, means remuneration that a lawyer may become entitled to under the agreement in addition to a normal fee, being remuneration by way of premium that—

        1. is payable only if the outcome of the matter to which the agreement relates is successful; and
          1. is expressly provided for in the agreement; and
            1. compensates the lawyer—
              1. for the risk of not being paid at all; and
                1. for the disadvantages of not receiving payments on account; and
                2. is not calculated as a proportion of the amount recovered.