Fees Matters

Contractual Terms Update

UNFORTUNATELY the Ministry of Justice was not able to make a decision on accepting the amendments to the Cab Rank Rule before the end of 2009. As a result, a new application has to be made to the Legal Services Board, the new body created for the purposes of overseeing the regulation of lawyers in England and Wales, which has taken over the powers to approve such Code amendments.

Because the Legal Services Board has a different perspective, further developmental work and consultation will be carried out by the Bar Council prior to the new application for the change to the Code of Conduct being submitted. Regrettably, it is not possible at present to ascertain when the new Contractual Terms will be implemented, but it is unlikely to be before late 2010.

In the meantime, barristers are urged to use the Contractual Terms in Annex G2 of the Code of Conduct which will enable barristers to sue as well as to continue making complaints to the Bar Council under the Withdrawal of Credit scheme in respect of unpaid fees.

For further information, please contact Janice Marshall, Fees Collection Manager at the Bar Council on 020 7611 1375 or email her on jmarshall@barcouncil.org.uk