Legal Costs Updates
Providing a costs estimate in the client care documentation is not the end of the matter. During the course of the case a solicitor must provide legal cost updates on an ongoing basis. It used to be the case that this had to be every 6 months. The requirement was then amended to when appropriate and as the matter progresses. The solicitors' profession generally took this as a relaxing of the rule, however the Legal Complaints Service view this is at least every 6 months.
There are certain times when solicitors are obliged to provide costs information and to send a copy to the client. These are usually when required to do so by the Court.
During the course of a civil case a solicitor will normally have to file allocation and listing questionnaires with the Court to assist the Court in deciding on what directions are required. A copy of the questionnaire and any attachments has to be sent to the client and the other side, as well as the Court. For cases referred to the multi-track (higher value claims) a costs estimate must be provided with each questionnaire. In fast track claims (middle value) a costs estimate used to be required for both questionnaires, but was scrapped for allocation questionnaires from 6 April 2010. Costs estimates are not required in small claims.
For all hearings likely to take a day or less there is a requirement to file a statement of costs with the Court at least 2 days before the hearing (24 hours for shorter hearings). The statement may cover the whole case or just the costs of the hearing, depending what the hearing is about. When filing the statement a copy must be sent to the other side and the client. If you fail to file or serve the statement the Court may not be able to assess the costs at the hearing, in which case a further hearing is usually necessary and the party in error usually has to pay for this.
- Further Information
- Contract for Costs - A basic explanation of the contract with a solicitor to do work
- Basis of Payment - The fundamental methods by which a solicitor can charge
- Payment on Account - What/when you have to pay before work is finished
- Costs Orders - A guide to legal jargon
- Assessment of Costs - How the amount is determined
- Ending Representation
We are here to help 24 hours a day 365 days a year. Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.
