I’m still catching up on work following my return from holiday, so I only have time to point you in the direction of this article on rights of audience (see link) of non-solicitor agents. This would include law costs draftsmen who are not employed directly by a firm of solicitors and who are not Costs Lawyers.
If District Judge Hill’s interpretation of the law were to be followed by other judges this would represent a shake-up of the legal costs industry just as serious as the Jackson Costs Review.
DJ Hill ends with the chilling reminder that “it is now a criminal offence to carry on a reserved legal activity (including an activity in the form of the exercise of a right of audience)”.
Detailed commentary to follow in due course.
2 thoughts on “Law Costs Draftsmen – Right of audience?”
I am a solicitor who deals with some costs claims for defendants and one firm which contains some costs lawyers keeps sending non costs lawyers to assessments; despite their being a cost lawyer on record. I know the alcd do not endorse this so it is only a matter of time before the courts pick up on this. We are beginning to challenge this in numerous cases so watch this space.
DJ Hill is wrong
The term “employee” is not restricted to permenancy. Temporary employment is recognised as sufficient
he also bases his decision on the lack of available recourse in th event of misleading the court otr some other issue of conduct. Again wrong, as the solicitor is responsible for the acts of their representative, and if the representative is found wanting, the right of action is against the solicitor directly i.e. the solicitor will chose with care whom they send!
Finally, the advent of the 2007 act, does not undermine “Eliopolous -v- Waterson Hicks” as far as I am aware.
I am, by the way, employed in-house full time at a solicitors practice