Counsel's fees must be paid or challenged promptly, and in any event within 2 months from the submission of Counsel's fee note. Failure to pay Counsel's fees within the time limit will, on complaint, be dealt with and investigated as an allegation of breach of conduct.
The Council has received complaints about late payment of Counsel's fees which some members place in a deposit account to earn interest. The Council cannot too strongly deplore such conduct which calls for disciplinary sanction.
Marking of Counsel's Diary
(a) The marking of Counsel's diary does not commit either Counsel or solicitor, and no fees are therefore payable on account of it.
(b) Counsel and solicitors should be encouraged to come to an express agreement relating to both the brief and refreshers and the manner in which such are payable.
(c) Counsel and solicitors should be encouraged to come to such a specific agreement even before Counsel's diary is obtained; but if this should prove to be impossible, then the sooner they come a specific agreement, the better it is for both.
(d) If after the marking of Counsel's diary, Counsel is approached by another solicitor wishing to brief him during the same period in question or part thereof, Counsel (who by that time has agreed his brief as well as refreshers) would be obliged to approach the 1st solicitor and he should specify terms as to the manner in which the agreed brief fee and refreshers should become payable. If the 1st solicitor or his client is not in agreement with such terms, the Counsel will be at liberty to accept the brief from the 2nd solicitor. In such event, the 1st solicitor need not pay Counsel anything in relation to the reserved dates. Provided that the above rule does not apply where:
(i) Counsel and solicitors have come to an express agreement relating to both the brief and refreshers and the manner in which they are payable; or
(ii) A brief is delivered before the commencement of trial, because in such event, the brief fee is payable in any event, but the payment of unused refreshers will still be governed by the above rule.
(e) Briefs are as a rule delivered and accepted on the understanding that Counsel may be justifiably prevented from attending at Court.
(f) Moreover, Counsel is entitled to return a brief if he has a commitment in the Court of Appeal, although dates therefor were fixed subsequent to the acceptance of the brief to be returned, in respect of a matter in which he appeared in the Court below or in cases of a complex nature where he was involved from the inception of the appeal.
