Fees Matters - Contractual Terms Update
27 August 2008
The introduction of the new Contractual Terms of Work, as the standard basis upon which counsel will accept instructions from solicitors, has unfortunately been delayed until Autumn 2009.
The introduction of the new Contractual Terms of Work, as the standard basis upon which counsel will accept instructions from solicitors, has unfortunately been delayed until Autumn 2009.
Difficulties have been encountered concerning the practicalities of implementing the new Terms and these difficulties have caused delay for software providers and for amending the Cab Rank Rule in the Bar Code of Conduct.
The Bar Council is determined that these new Contractual Terms are implemented as soon as possible but is equally determined that the practical aspects of implementation have been clearly thought through and problems resolved. One aspect being dealt with is making the necessary amendments to the Code of Conduct to protect the public interest yet enable counsel to refuse instructions offered on inappropriate terms. The Implementation Committee, formed last year to deal with the practicalities of operating the new Terms, is working hard to resolve these issues and liaising closely with software providers and the Law Society.
In the meantime, the ability to make complaints to the Fees Collection Office of the Bar Council under the Withdrawal of Credit Scheme still continues. Counsel can also use the contractual terms that were introduced into the Code of Conduct in 2001 (Annexe G2 of the Code). Those terms enable counsel both to sue and to lodge complaints under the Withdrawal of Credit Scheme.
For queries, please contact Janice Marshall, Fees Collection Manager at the Bar Council on 020 7611 1375 or email.
