Client care and costs Flashcards
What must the solicitor tell the client about SRA authorisation?
Explain which services are being provided by an authorised person
Must not represent an unauthorised body as authorised
What information must the solicitor give the client about costs?
“Best possible information”
What is “best possible information” on costs?
An estimate/range, or if impossible:
- set a price ceiling, or
- set a review date for revisiting costs
Is a client care letter mandatory?
No, but recommended
Conditions for using a conditional fee agreement
- must be in writing,
- signed by both parties,
- can NOT be used in criminal or family proceedings
Cap on fees in conditional fee agreements
Max. 100% uplift on hourly rate, or
max. 25% of damages in personal injury cases
Cap on fees in damages-based agreements
Max. 50% of damages, including VAT
max. 25% of damages in personal injury cases
Is the solicitor entitled to receive money on account (to cover initial costs)?
Contentious matters: client can be required to pay reasonable amount in reasonable time, or solicitor can end retainer
Non-contentious matters: no such right (so if solicitor needs it, must make it a condition in the retainer)
Formalities for solicitors’ bills
- must have enough information to show that it is reasonable, and show the period it covers
- signed by solicitor/someone authorised
- delivered in person (or post/email if the client agrees)
Interest on solicitors’ bills
Contentious matters: can only be charged if expressly allowed in retainer/court orders it (default rate is 8%)
Non-contentious matters: can charge it from 1 month after bills delivered (rate must be below 8%)
When can a solicitor bring a claim to enforce the payment of his bill?
1 month after bills is sent (unless if court orders it sooner)
How can a client challenge the solicitor’s bill at court?
Apply within 1 month of delivery of bill
Court will only allow costs reasonably incurred by the solicitor (if unclear, decided in favour of solicitor)
