25Disclosures of information about offers of compromise in personal injury damages matters

25 Disclosures of information about offers of compromise in personal injury damages matters

25 Disclosures of information about offers of compromise in personal injury damages matters

(1) For the Act, Schedule 1, clause 5(3), a law practice must disclose to the practice’s client the following information in relation to the operation of the clause if the client refuses to accept an offer of compromise—

(a) a statement that an offer of compromise has been made to the client,

(b) the details, or a summary of the details, of the offer,

(c) a statement about the reasonableness of the offer,

(d) a statement about the effect of declining a reasonable offer of compromise, including that the court may award costs on an indemnity basis for legal services provided after the offer was made,

(e) a statement about the specific effect of declining a reasonable offer of compromise on the interests of the parties.

(2) The law practice must disclose the information specified in subsection (1)—

(a) in writing, and

(b) as soon as practicable after the offer of compromise is made, and

(c) before the law practice communicates the client’s decision to accept or decline the offer to the other parties or the court.