How does a barrister
fix the level of "the Brief", "the Refresher"
and "the hourly rate"?
Barristers are engaged for their advocacy, experience,
seniority and
expertise. As these qualities vary with different barristers,
the rates commanded by individual barristers also differ. A barrister's
fees are primarily dictated by supply and demand and are in any
event a matter of agreement between the individual barrister and
his client (through the instructing solicitors). As in other professions,
there are a handful of top senior counsel who command very high
fees by reason of their skills and experience. However, they are
the exception rather than the norm. Over 30% of the barrister's
profession comprise practitioners of under 5 years' standing and
by reason of keen competition their fees are kept at a relatively
modest level. Back to Top
Is a barrister entitled to
be paid his brief fee if a case in which he is instructed to attend
court is settled or adjourned?
A brief must be delivered to a barrister before
the commencement of a court hearing. Unless there is agreement
between a barrister and a solicitor to the contrary, once a brief
is delivered, the brief fee is normally payable in any event.
Back to Top
What about any entitlement
to refresher fees if a case is settled or adjourned or if the
hearing is shortened?
A barrister is only entitled to a refresher fee
if he attends court on a subsequent day. Any entitlement of a
barrister to "unused" refreshers would depend on the
express agreement he has made with the solicitor. In a long case,
it is not uncommon for a barrister to agree with the solicitor
that a portion of the "unused" refreshers is payable
if the hearing collapses within a specified time of the delivery
of the brief. This is to compensate the barrister for the lost
opportunity of being available to take up other cases within the
period reserved for the hearing. Back to Top
Is a barrister entitled to
be paid any fee if he is asked to mark his diary and reserve an
available date for a case?
No. The marking of a barrister's diary does not
commit the barrister to attend court or the solicitor to retain
him. No fees are payable on
account of it. Back to Top
Can a barrister sue a solicitor
or lay client to recover his outstanding fees?
No. There is no contractual relationship between
a barrister and his
instructing solicitor or between a barrister and the lay client.
As a
result, a barrister cannot recover his fees by way of legal proceedings.
The remedy of a barrister is to lodge a complaint to the Law Society
against the solicitor for failing to pay his fees. In the absence
of a reasonable excuse, a solicitor is personally liable as a
matter of professional conduct for the payment of a barrister's
proper fees. Back to Top
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