UK Barristers To Be Permitted To Sue Solicitors Over Fees

by Robin Pilgrim, LawAndTax-News.com, London

17 May 2004

According to reports in the legal media last week, the UK's Bar Council has drawn up new proposals which would allow barristers to sue solicitors for non-payment of fees.

Citing the Law Society's proposals to remove a professional obligation on solicitors to pay barristers' fees as a key reason behind the proposed changes, the Bar Council's fees collection committee suggested that the current non-contractual withdrawal of credit scheme should be replaced by a normal commercial relationship between the two groups.

Under the new proposed rules, joint tribunal committees will arbitrate disputes, and a new list of defaulting solicitors will be created, with barristers to be given discretion as to whether to act for solicitors who feature on it.

Speaking to the Law Gazette with regard to the Bar Council proposals, chief executive of the Law Society, Janet Paraskeva revealed that:

"Although the Law Society supports the introduction of contracts, there are issues of principle in the present draft which separate us from the Bar Council."

She concluded:

"Contracts need to be agreed by both sides. We are currently considering what advice to give to solicitors."

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