Fees

Barristers must keep adequate records to support fees charged, and provide such records or details to clients on request. Such records should contain separate items for each piece of paperwork and, where substantial telephone advice is provided, separate items for each piece of such advice. If the client requires further detail and, notably, the exact work done and the cost of it in respect of each item involved, this should be provided.

In certain circumstances, it will be possible to request payment in advance from direct access clients without breaching paragraph 407 of the Code which prohibits a barrister handling client money ‘other than by receiving payment of remuneration’. It is proper to do so where there is a brief to appear in a trial since the brief fee is normally regarded as payable as soon as the brief is delivered and accepted. In the absence of agreement to the contrary, the standard and traditional arrangement has been that the fee is due even if the case collapses before the hearing. Therefore, if you receive the fee with the brief, you are simply accepting money which is already payable to you. This should be made clear to the client.

In the case of paperwork, where a firm fee is fixed in advance, it is possible for you to accept the fee in advance, particularly if the terms of your engagement state that the agreed fee is payable forthwith. 

Barristers are not entitled to accept a payment on account of fees, and are not entitled to accept payment in advance of paperwork when the amount to be charged cannot to be determined until the work has been completed. 

Barristers may withhold paperwork until fees have been received. We recommend, however, that it should be made clear to the client at the time of instruction that this will be the arrangement. It should be expressly stated in the client care letter. 

You may agree with your client that you are entitled to charge disbursements, such as travel and accommodation expenses and photocopying. This can include charging for the work of a clerk, administrative assistant or paralegal. Please note that any assistant should not undertake any work that is deemed to be legal services. This must be agreed in advance and therefore should be included in the client care letter.