Is there a mechanism
to resolve the dispute relating to a barrister's fees?
Yes. The Bar Council and the Council of the Law
Society have set up a Joint Tribunal to adjudicate disputes between
barristers and solicitors
relating to the fees of barristers. The Tribunal is made up of
a barrister and a solicitor appointed from the two professional
bodies. If a solicitor should fail to pay the fees of a barrister
as determined by the Tribunal, the Tribunal will refer the matter
to the Law Society as a case of professional misconduct. Back
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Are a barrister's fees negotiable?
Yes. The fees charged by a barrister are always
negotiable before hand but once the fees are agreed, they are
payable in any event. Back to Top
What should I do if I find
the barrister's fees to be exorbitant?
Normally, if a solicitor considers a barrister's
fees to be excessive, he should either instruct someone else or
try to negotiate down the intended barrister's fees. In exceptional
cases, where the fees charged are grossly disproportionate to
the work undertaken, a complaint can be made to the Bar Council.
It is a disciplinary offence for a barrister to charge an unreasonably
high fee. Back to Top
How do I know if the fees
quoted by a barrister are reasonable?
It is the job of your solicitor to advise you
as to who should be
instructed, namely, how senior a barrister is suitable for the
work in
question, what is the experience needed, how much time the barrister
will need to spend on the case, etc. If the barrister chosen by
the solicitor is too expensive for you, you should ask your solicitor
to instruct someone who will charge less. Back
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How do I find out the qualifications
and experience of a barrister?
The Bar Association regularly publishes a list
of practising barristers
where the experience and expertise of each barrister is set out.
The Bar Association is also contemplating a relaxation of its
rules in order to allow each individual barrister to publish his
qualifications and normal rates. Your solicitor should in any
event be in a position to advise you as to the qualifications
and experience of the barrister intended to be instructed. Back
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