Payment of Counsel’s Fees
There has been a significant increase within the last 12 months of complaints received from the Bar Council in relation to claims from counsel for outstanding fees.
The Society has always taken the view that a solicitor is not personally responsible for the discharge of counsel鈥檚 fees, but equally it is recognised that solicitors have a duty to use their best endeavours to recover fees that are properly due to counsel. At the very least, solicitors should be able to demonstrate that they have written to their clients requesting payment, followed up any such requests, and alerted clients to the possibility of issuing proceedings for the recovery of the outstanding fees and, where there is a reasonable prospect of recovery, issuing and prosecuting such proceedings.
Further, it may well be held to be misconduct in situations where solicitors have utilised any money received towards their own fees, to the exclusion of counsel.
It is clear that, in many cases, the reason for non-payment is due to the general economic climate, which has affected the ability of clients to pay outstanding fees either to their solicitors or barristers. In such circumstances, where there is little or no prospect of recovery, most solicitors and their counsel agree that there is little to be gained in issuing legal proceedings. However, there are cases where counsel believes that proceedings should issue irrespective of the potential for recovery and, in such cases, the Complaints and Client Relations Committee have taken the view that, prior to the issue of those proceedings, the solicitor is entitled to seek from counsel an indemnity against any costs thereby incurred.