A Practical Guide to Solicitor and Own Client Costs 2nd Edition

Courts and Procedure

A Practical Guide to Solicitor and Own Client Costs 2nd Edition

By Robin Dunne
Law Brief Publishing September 2020

Specifications

ISBN-13
9781913715397
Publisher
Law Brief Publishing
Publication
September 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Fully updated to include the most recent and important developments in law and practice, this book is a practical guide setting out the main issues and challenges that arise when clients challenge their solicitor’s bill. Covering the rules, statutes, case law etc but also providing guidance as to terms of retainers as well as practical guidance on the process of assessing charges.

This area of law is complex and is still not well known by many solicitors or even non-specialist judges. Also, following LASPO and probable fixed costs extensions, clients are now far more likely to have to pay their own costs and challenges to solicitor’s fees are increasingly common. This book is written in a clear manner so that anyone from clients and trainees to partners and judges can benefit from it.

The text for the second edition has been fully expanded and updated to include numerous important High Court and Court of Appeal authorities handed down since the last edition was published.

Table of Contents

Chapter One – The Retainer
Introduction
Written or Oral?
Complaints
Cancellation of Contracts Regulations
Increases in the Hourly Rate
An Entire Contract
Naming the Client and Opponent
Restrictions on Recovery
Contentious and Non-Contentious Business Agreements
Damages Based Agreements
Conditional Fee Agreements
Termination of Retainers
Chapter Two – Estimates
Introduction
The Golden Rules
Giving No Estimate
When Can a Solicitor Be Held to the Estimate?
Reliance Upon an Estimate
Budgets and Estimates
Chapter Three – Statute Bills
Introduction
Bills on Account
Delivery Up
When Is a Bill Required?
The Formalities Under the Act
Requirements of a Statue Bill: Case Law
Finality of Statute Bills
Chapter Four – Interim Statute Bills
Introduction
An Entire Contract
When Can a Solicitor Deliver an Interim Statute Bill?
Chamberlain Bills
Are the Bills Statute Bills?
Chapter Five – Applying for an Assessment
Introduction
Timescales
Date of Delivery
Payment
Special Circumstances
Who May Apply for an Assessment? Third Parties
Chapter Six – Procedure
Introduction
Delivery Up of Documents
The Assessment
Attendance at the Assessment
The Basis of Assessment
The Costs of the Assessment
Chapter Seven – Alternatives to Assessments Under the Act
Introduction
The Legal Ombudsman
Non-Statutory Assessments
Statutory Demands
Appendix A – Excerpts From the Solicitors Act 1974 (As Amended)
Appendix B – Selected Civil Procedure Rules
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