FAQ 53

Q53. My chambers undertake a considerable amount of Public Access work. A consequence has been increased workload for many of the clerks in terms of offering general guidance to lay clients on matters such as where to go to issue court documents. Would it be acceptable to include a note in the client care letter to the effect that a small charge will be made for administration?

A53. Charging for clerical work undertaken in chambers which is ancillary to a legal service, such as photocopying documents to be worked on by a barrister, is acceptable. However, barristers are strongly urged to ensure that such charging is expressly agreed between barrister and client in advance. Charging for ancillary administration, for example, attending listing officers to obtain fixed dates for hearings, is the sort of service which should be covered by the brief fee or time charges. It is not acceptable for a barrister to charge a fee for advice given by his clerk as clerks provide support to barristers and not the barristers’ clients. No legal advice of any description should be given by the clerk. The barrister should deal with all questions, no matter how straightforward they appear to be. Barristers may wish to provide a general information sheet to clients which deals with frequently asked questions.