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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.
Far-ranging month for the Chair of the Bar
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
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
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
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
