Richard Burcher has been engaged by firms to provide expert testimony in the context of Law Society Cost Revisions and Assessments and High Court Appeals. Any such engagement has always been preceded by the provision of a comprehensive written opinion to enable the practitioner to assess the strengths and weaknesses of their position.
Under the Lawyers and Conveyancers Act 2006, the cost complaint regime has of course now changed. If a cost complaint is not dealt with by way of formal mediation, a specialist cost assessor acting under delegated authority from the Standards Committee will undertake an analysis of the bill of costs and prepare a report for the Standards Committee. Depending on the amount of the bill in dispute, practitioners may benefit from professional input at that stage, particularly in view of the fact that there is a strong statutory preference for hearings to be on the papers and there is no guarantee that a cost assessor will conduct a hearing.
Moreover, if practitioners find themselves the subject of an unsatisfactory outcome before the Standards Committee in relation to the bill the subject of the complaint, they may wish to exercise their right to have the Standards Committees decision reviewed by the Legal Complaints Review Officer at which time, expert costing testimony may also be beneficial.
Click here for further information on the new Cost Complaints regime.
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