Law costs draftsman

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In English law, a law costs draftsman is a lawyer specialising in calculating 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 in England and Wales.

Contents

[edit] Main roles

Costs draftsmen may be employed in any situation where a rigorous assessment of legal costs is required. These include:

  • Costs between parties
When the loser of a legal case is ordered to pay the winning party's costs, the solicitor acting on behalf of the winner may employ a costs draftsman to prepare and serve a bill of costs to the loser. This is most common when the costs are disputed by the parties, and a costs 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.
Where a case is publicly funded, costs must be assessed and approved by the court or by the Legal Services Commission before the legal aid can be paid to the solicitor representing the legal aid client.

[edit] Legal 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, costs draftsmen are usually retained employees of solicitors.

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.

[edit] 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. From 1st January 2007, by virtue of the Association of Law Costs Draftsmen Order 2006, the ALCD is capable of granting rights of audicence to its members.

[edit] External links

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