DUMAS & DUMAS

The parties to this proceeding were Dumas & Dumas, a law firm, and the respondent, who was a former client of the firm. The dispute concerned the firm's entitlement to charge professional fees for work performed on behalf of the client. The matter came before Ryan J in the Supreme Court of Western Australia.

The central legal issue before the court was whether the law firm had validly entered into a costs agreement with the client that complied with the requirements of the *Legal Profession Act 2008* (WA). Specifically, the court had to determine if the agreement was in writing and signed by both parties, and if it contained the necessary information regarding the scale of fees or the method of calculating them.

Ryan J found that the purported costs agreement was not in writing and signed by the client, and therefore did not satisfy the statutory requirements for a valid costs agreement. His Honour reasoned that without a valid costs agreement, the firm was not entitled to charge fees on the basis of that agreement. Instead, the firm's entitlement to remuneration would be governed by the principles of quantum meruit, requiring proof of the reasonable value of the services rendered.

Consequently, Ryan J ordered that the law firm was not entitled to recover its fees under the purported costs agreement. The firm's claim for costs was dismissed, and the matter was to proceed on the basis of a quantum meruit claim.