*/
Some solicitors are overcharging clients for the work done by barristers, the Bar Council has claimed.
In a practice note, Retainers, Fee Arrangements and Non-Standard Work Arrangements, revised in February, the Bar Council said it is aware that in some situations, solicitors are charging clients more for the services provided by barristers than the barristers themselves are charging.
The Bar Council’s Ethics and Remuneration Committee explained that the practice may be permissible in some situations, for instance where the arrangement is one in which the barristers’ fees are genuinely a cost to the solicitors themselves, or where it is done with the informed agreement of a ‘sophisticated commercial client’.
But it warned that it is ‘quite wrong’ where the barristers’ fees ought to be charged as a disbursement, and said it could raise serious questions about the solicitors’ professional conduct.
The committee said: ‘In most circumstances, this will not be an issue for you. You will not usually be aware of communications between your solicitors and their client about fees.’
It added: ‘Your solicitors’ charges to their client are also primarily a matter between your solicitors and that client, and whether your solicitors’ actions are permissible is a matter of law and conduct for your solicitors as independent professionals.’
However, the note told barristers to ensure that they are not ‘actively and knowingly’ involved in any arrangement where the client is charged more for their services than they are charging in circumstances in which it is unlawful or in breach of the solicitor’s duties to the client.
Some solicitors are overcharging clients for the work done by barristers, the Bar Council has claimed.
In a practice note, Retainers, Fee Arrangements and Non-Standard Work Arrangements, revised in February, the Bar Council said it is aware that in some situations, solicitors are charging clients more for the services provided by barristers than the barristers themselves are charging.
The Bar Council’s Ethics and Remuneration Committee explained that the practice may be permissible in some situations, for instance where the arrangement is one in which the barristers’ fees are genuinely a cost to the solicitors themselves, or where it is done with the informed agreement of a ‘sophisticated commercial client’.
But it warned that it is ‘quite wrong’ where the barristers’ fees ought to be charged as a disbursement, and said it could raise serious questions about the solicitors’ professional conduct.
The committee said: ‘In most circumstances, this will not be an issue for you. You will not usually be aware of communications between your solicitors and their client about fees.’
It added: ‘Your solicitors’ charges to their client are also primarily a matter between your solicitors and that client, and whether your solicitors’ actions are permissible is a matter of law and conduct for your solicitors as independent professionals.’
However, the note told barristers to ensure that they are not ‘actively and knowingly’ involved in any arrangement where the client is charged more for their services than they are charging in circumstances in which it is unlawful or in breach of the solicitor’s duties to the client.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
