New contract with solicitors?

Despite over 10 years of negotiations between the Bar Council and the Law Society, barristers are still instructed by solicitors on non-contractual and non-enforceable terms. A barrister’s sanction for non-payment of fees remains a complaint to the Solicitors Regulation Authority or applying to have the solicitor put on the Bar Council’s Withdrawal of Credit Scheme (WCS) preventing any barrister from accepting instructions from the solicitor unless payment is made in advance. Under the proposed scheme, barristers and solicitors will continue to be free to agree terms but in default of agreement, the new contractual provisions would apply. They would set out the basic legal obligations and responsibilities of both parties, dealing with matters including the proper and prompt execution of work, and creating liability for the payment of fees with a clear means of enforcement. The proposal is not being welcomed by Bob Heslett, President of the Law Society who said solicitors should retain the right to come to individual arrangements with barristers rather than having default terms ‘imposed’ which he said could be contrary to competition law.