In this latest insight, Lawyer Ana Guerrón explores why engaging a legal costs consultant can be instrumental in maximising your client’s costs recovery. Navigating the complexities of legal costs recovery can be challenging, even for seasoned practitioners. When approaching a costs assessment or taxation of costs, many parties question whether engaging a specialist costs consultant or costs assessor is a worthwhile investment. In reality, instructing a costs consultant can be the difference between a modest recovery and leaving substantial sums unrecovered. Financial Benefits and Fee Arrangements Here’s a point often overlooked: in most jurisdictions, if your client has the benefit of a costs order, the fees incurred for preparing the bill are usually recoverable from the other side. In effect, instructing a costs consultant frequently pays for itself, through both the increased recovery we can secure and the ability to claim our fees as part of your costs. We also understand the financial pressures that can arise during litigation. In select cases, Rose Legal offers deferred fee arrangements, allowing you to engage expert support now without upfront cost, and settle once the assessment process concludes. The Technical Nature of Costs Law Costs law is a highly specialised and technical area of practice that requires deep expertise and current knowledge of evolving case law, practice directions and scale provisions. Without the right experience, you’re likely to achieve a much lower percentage recovery than what you’re entitled to. Costs consultants live and breathe this area of law daily, understanding the nuances that can mean thousands of dollars in recovered costs. This begins with properly understanding the scope of the order, projecting the outcome, and being able to advise on an appropriate offer for costs to avoid future costs being incurred. This is particularly important in jurisdictions that do not have many costs precedents, such as in NSW, where assessments occur outside the court process and are not published. Equally, in jurisdictions that are subject to specific rules, such as drawing bills pursuant to a scale, a failure to properly formulate a claim could substantially reduce the amount allowed. The complexity goes beyond simply knowing the rules. It involves understanding how assessors approach different types of work, what constitutes recoverable work versus solicitor/client items, and how to present your case most persuasively. The Critical Importance of Proper Bill Preparation One of the most common mistakes parties make is assuming that their solicitor’s invoices will suffice for a costs assessment. Bills of costs require far more detail than what is contained in standard invoices. They must include comprehensive descriptions of the work performed, the time spent, the seniority of the fee earner and clear justification for why each item should be recoverable. Relying on invoices alone in a costs assessment almost always results in a significantly lower percentage recovery. Without proper itemisation and explanation, assessors may assume, in the absence of sufficient detail, that the work is solicitor client in nature and therefore not recoverable from the opposing party. A properly prepared bill of costs tells the complete story of your matter, demonstrating why each step was necessary and reasonable. Strategic Advantages Beyond the Assessment Strategic insight into likely cost recovery can play a critical role in early decision-making, particularly when weighing the commercial risks of assessment versus settlement. Drawing on practical experience across comparable matters, Legal Costs Consultants at Rose Legal can help identify realistic recovery outcomes at an early stage. This foresight is often helpful in jurisdictions where published precedents are limited, or where a nuanced understanding of how a costs assessor in Sydney is likely to approach a matter can influence negotiations. Knowing what’s typically recoverable, and how best to present a claim, may lead to more efficient resolutions and help avoid unnecessary expenditure on contested assessments. Final Thoughts Instructing a costs consultant is not just about organising and calculating invoices. It is about ensuring your legal entitlements are maximised while navigating a highly technical area of law. With recoverable fees, flexible payment options, and the potential for significantly enhanced recovery rates, the involvement of a legal costs consultant—particularly one familiar with costs assessor expectations—can make a measurable difference. At Rose Legal, our practical understanding of legal costing and costs assessments ensures clarity, compliance, and confidence at every step. About the Author Ana Guerron Lawyer (Overseas Qualified) Ana is a qualified lawyer with over nine years of international legal experience across labour, corporate, family, and IP law. Admitted in Ecuador, she has advised on complex matters for one of the country’s leading law firms. At Rose Legal, Ana supports the team with legal cost assessments and client coordination. Her attention to detail, structured approach, and bilingual communication skills ensure consistent delivery of high-quality legal support. Ana holds a Bachelor of Laws and Diploma in Labour Law and is currently advancing her legal career in Australia. Read more about Ana
