Office hours
Harwood Andrews Lawyers’ reception is open from 8:30am until 5:30pm Monday to Friday. As part of the firm’s client dedication value, we regularly meet with clients outside these hours, as required.
Appointments
Harwood Andrews Lawyers always welcomes clients calling into our office at any time and where possible will accommodate their requirements. Unfortunately, this is not always possible and to avoid any inconvenience we recommend clients make an appointment.
Destruction of files
Once we have completed a client's matter their file is closed and stored in our secure file archive. After seven years have elapsed the file is destroyed without reference to our client, unless alternative arrangements are made.
Storage of documents
Important documents are securely held for clients in our ‘strong room’, giving our clients a safe and protected facility at no cost to them.
Cost of legal services
The Legal Profession Act 2004 (Vic) requires us to disclose certain information to our clients and to prospective clients. This information is set out below.
Professional fees
For legal services, Harwood Andrews Lawyers charges either:
- An agreed sum for professional services; or
- An hourly rate.
The hourly rate is variable according to the experience and position of the lawyer or clerk carrying out any particular part of the matter. The hourly rate is calculated in units of six minutes or part thereof. The rates are exclusive of any Goods and Services Tax (GST) and may vary from time to time. If the rates increase by more than 10% in any year, Harwood Andrews Lawyers will inform the client.
Included in the professional fees are lawyers' time, secretarial time and communication costs (photocopying, local telephone calls, facsimile and postage).
Any estimate of the legal costs Harwood Andrews Lawyers is able to give is provided to the client. If an estimate is not given, it is because it was not reasonably practicable to do so at that time. In such instances, a range of the estimates of the total costs is set out. Variables which may affect the calculation of the range of these costs include the complexity of the matter, the legal processes involved and the number of attendances on the client and on other parties required to implement the client's instructions. Any other significant matters that Harwood Andrews Lawyers is currently aware of, which may affect the calculation of costs, are outlined for the client. Where an agreed sum is specified, this may need to be varied if unforeseen work is to be carried out.
Disbursements
In addition to our professional fees, clients will be responsible for the payment of expenses incurred by Harwood Andrews Lawyers on their behalf. These may include search fees, court fees, stamp duty and government charges. Where possible, Harwood Andrews Lawyers will consult the client about these fees and expenses. If it is necessary to engage barristers or other consultants, Harwood Andrews Lawyers will notify the client of the basis on which these fees will be charged.
When will clients receive accounts from us?
Harwood Andrews Lawyers generally bills clients on a monthly basis or at the conclusion of each matter. Where we bill on a monthly basis, this will either be an account for the time spent up to date on the matter, or, where the fee is to be an agreed sum, a proportion of that sum.
In many instances with monthly billing, clients may not have received much correspondence or documentation from Harwood Andrews Lawyers at the time of receiving their account. This does not mean that work has not been carried out. Our work often involves significant levels of research and analysis in relation to how the law applies to a client’s individual circumstances. This can take a significant amount of the total time and cost involved in the matter. In the case of matters involving disputes, this includes communicating with the lawyer representing the other party. Harwood Andrews Lawyers also provides clients with written progress reports as to the work being undertaken at any time upon reasonable request from the client.
By rendering accounts on a regular monthly basis, clients are kept aware of the costs they are incurring and are able to manage their cash flows. If a lump sum bill is received but an itemised bill is required, clients have the right to request an itemised bill within 30 days of receiving the lump sum bill. Harwood Andrews Lawyers will also provide clients with written updates as to incurred legal costs at any time upon reasonable request from the client.
Payment of accounts/interest charged
Harwood Andrews Lawyers requires accounts to be paid within 30 days of the date on which they are raised. If accounts are not paid within 30 days, interest may be charged at the Cash Rate Target as fixed by the Reserve Bank of Australia plus 2%. At this time, we may cease working on the matter until payment is made. We also hold a lien over all files and documents in our possession as security against unpaid costs or any interest charged by us.
Harwood Andrews Lawyers trust account
By law, Harwood Andrews Lawyers is required to operate a trust account which is regularly audited by both our own auditors and independent auditors. We are required to pay all money which we receive on behalf of a client into our trust account, unless it is:
- Payment of an account which we have rendered and sent to a client; or
- Reimbursement of expenses we have paid on behalf of a client; or
- Payable directly to a third party and payment is made immediately.
In some instances we will require money to be paid to us either in advance for professional fees or in anticipation of disbursements. When these fees or disbursements are incurred and an account rendered to our client, we will transfer the money from our trust account in payment of the account. If we have received money on behalf of a client and there is an account outstanding, we are entitled to transfer all or some of that money to the payment of the account. Our client will be advised that the transfer is to take place.
Termination of services
A client may terminate our services in writing at any time whereby Harwood Andrews Lawyers will render the client an account for our services and disbursements incurred on their behalf and included interest. We may cease acting for a client at any time and for any reason, including a client's failure to accept our advice or to provide adequate instructions.
If a client fails to pay any of the accounts within the specified time, we may at our option cease working on their file.
If Harwood Andrews Lawyers should cease to act for a client prior to the completion of their matter, including for the reasons set out above, we shall be entitled to be paid for all of the professional costs and out-of-pocket expenses and interest incurred to the date on which our services cease to be provided to the client.
Until payment of those costs, expenses and interest, we will retain any file or files which we hold on the client's behalf.
Cost agreement
Prior to commencing work, Harwood Andrews Lawyers will give clients a costs agreement, setting out the work required and the estimated costs of completing this work. Clients are entitled to negotiate the costs agreement with Harwood Andrews Lawyers.
Clients are liable to for payment of costs upon accepting the costs agreement. Where instructions are given by a company, the directors giving instructions will be personally liable for the cost of the work done for the company.
Further information
At Harwood Andrews Lawyers, we believe it is important for clients to receive information on costs in advance of them being incurred so they are fully aware of their liabilities when they arise. Of equal importance is a client’s understanding of our operating terms.
If you require any additional details or clarification, please contact us and our team will be able to assist.
If you have a complaint in relation to our provision of legal services, please raise the matter with us by submitting the form here.
Harwood Andrews Lawyers is a member of the Law Institute of Victoria Ltd of 470 Bourke Street, Melbourne, to which you may also direct a dispute or complaint in relation to costs or legal services.