CFA’S and the Bar

A survey conducted by Manchester chambers at 28 St John Street of 500 CFA cases carried out in chambers shows a loss, in broad terms, of 10 per cent on the amount the barristers would have received under standard fee payments. The figures are a result of sticking to the solicitors’ uplift, even though 62 per cent of cases were won. The research shows barristers run a far higher risk than solicitors of not making profits, particularly as so many cases settle before trial, leaving barristers out of the money-earning loop whilst solicitors would have generated substantial costs and uplift even if the case settles before trial. Francis McCarthy, President of APIL commented that although barristers can make their own uplift, they have less involvement, so when they reach court they see solicitors should have done certain things which they have not. Barristers would prefer to review cases earlier. On the other hand, in terms of lost earnings, solicitors face losing three years of work, while barristers lose only the time they spent in court. The Lawyer, 9 April