*/
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.
Chair of the Bar reflects on 2025
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Pointillism, radical politics and social conscience. Review by Stephen Cragg KC
