- Law costs draftsman
In
English law , a Law Costs Draftsman is a specialist lawyer who calculates the costs of a case. The role of the Costs Draftsman centres around a procedure known as the "Detailed Assessment of Costs", which is controlled by statute inEngland and Wales .Main roles
Costs Draftsmen may be employed in any situation where a rigorous assessment of legal costs is required. These include:
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Inter partes costs:When the loser of a legal case is ordered to pay the winning party's costs, the solicitor acting on behalf of the winner will usually employ a Costs Draftsman to prepare and serve a bill of costs to the loser. In a Court action, the paying party may serve Points of Dispute within 21 days of service of the bill, to which the receiving party will usually provide replies. If negotiations between the parties are unsuccessful then a Detailed Assessment hearing is held in order for the Court to rule on costs.* Solicitor's fees:An assessment of costs is undertaken when a client challenges his Solicitor's bill.
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Legal aid costs:Where a case is publicly funded, costs must be assessed and approved before the legal aid can be paid to the solicitor representing the legal aid client. If the total amount claimed is less than £2500 then a CLAIM 1 form is prepared by the costs draftsman and assessed by theLegal Services Commission . Where costs exceed £2500 a bill of costs, similar in format to that prepared for detailed assessment of inter partes costs, is prepared and this is assessed by the Court before being paid by the CommissionLegal status
A Costs Draftsman need not be a qualified lawyer in order to practise. Costs Draftsmen must nevertheless be skilled in the application of the statutory law relating to legal costs, and familiar with the system of legal fees. For this reason, many larger firms of litigation solicitors retain Costs Draftsmen as employees. Other, usually smaller firms, rely on the services of dedicated Costs drafting organisations.
A professional body, the Association of Law Costs Draftsmen (ALCD), was formed in 1977. The ALCD regulates and provides training and accreditation for Costs Draftsmen in the UK.
Rights of audience
Costs Draftsmen have not historically had rights of audience in the higher courts — that is, the right to represent clients in those courts, unless they are acting as agents of a Solicitor. Since
1 January 2007 , by virtue of the "Association of Law Costs Draftsmen Order 2006", the ALCD has been capable of granting rights of audience to its members [cite web|url=http://www.opsi.gov.uk/si/si2006/20063333.htm|title=The Association of Law Costs Draftsmen Order 2006 (S. I. 2006/3333)|date=2006-12-21|publisher=Office of Public Sector Information|accessdate=2008-06-18] .Costs Lawyer
In 2007 in light of the procurement of rights of audience, the ALCD has bestowed the title “Costs Lawyer” upon all Fellows of the Association who have successfully completed a designated advocacy course.
References
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