If you`re involved in a legal dispute, you may have heard the term “costs agreement” thrown around. Essentially, a costs agreement is a contract between you and your lawyer that outlines the legal fees you`ll be responsible for paying. However, sometimes mistakes can be made during the drafting or signing of these agreements, and you may find yourself wanting to set aside the costs agreement.
The process for doing so is known as an application to set aside costs agreement. This legal remedy is available in cases where a court deems the costs agreement to be unfair or unreasonable. There are several reasons why a costs agreement may be set aside, including:
1. Misleading or deceptive conduct: If your lawyer made false or misleading statements when suggesting or drafting the costs agreement, this could be grounds for setting it aside.
2. Unconscionable conduct: If you were in a vulnerable position when signing the agreement (e.g. due to illness or lack of legal knowledge), and your lawyer took advantage of that vulnerability to create an unfair or one-sided agreement, you may be able to have the agreement set aside.
3. Unreasonable fees: If the fees outlined in the costs agreement are deemed unreasonable by the court, it may be set aside. This can happen if the fees are significantly higher than what other lawyers in the area are charging for similar work.
So, what happens if your application to set aside costs agreement is successful? In most cases, a new costs agreement will need to be negotiated and signed. This agreement will hopefully be fairer and more reasonable than the original one.
It`s worth noting that setting aside a costs agreement can be a complicated and time-consuming process. You`ll likely need to seek legal advice and go through several stages of the legal system before a decision is made. However, if you believe that your costs agreement is unfair or unreasonable, it may be well worth pursuing this avenue.
In conclusion, an application to set aside costs agreement is a legal remedy available to individuals who believe they`ve been unfairly treated by their lawyer. If you think your costs agreement is unfair, misleading, or unreasonable, it`s worth seeking legal advice to see if this is something you can pursue. Remember, a fair and reasonable costs agreement is crucial for ensuring that you receive the best possible legal representation without undue financial burden.