Act pro bono if cash runs out, judge tells solicitorsCosts: LSC limits offer 'salutary discipline' for family lawyersSolicitors should consider acting pro bono in family cases when costs limits imposed by the Legal Services Commission (LSC) are exceeded, a Court of Appeal judge has said.

The suggestion, made by Lord Justice Dyson, came during a judicial review which is challenging costs limits routinely imposed by the LSC.

Under existing regulations, solicitors can seek extensions from the LSC where costs limits are, or are expected to be, exceeded.

A right of appeal against refusal also exists.

Bristol-based sole principal David Burrows, who brought the challenge, said although costs extensions could be sought, a 'very real' problem arose where work needed to be done during the appeal process, which itself could take many weeks.

Under existing law, solicitors are forbidden from receiving private payment from clients with a live certificate.

It is unclear whether professional rules prohibit the solicitor from ceasing to act.

In such circumstances, Judge Dyson - who said the costs limits were properly imposed and provided a 'salutary discipline' for solicitors - said many lawyers might consider acting pro bono.

An LSC spokeswoman said: 'Given the ability to amend a limitation where justified, and the right of appeal, a limitation should not cause a problem for solicitors or their clients.' Solicitors Family Law Association chairman Rosemary Carter said that while solicitors may chose to act pro bono on cases, they should not come under pressure to do so because public funding limits have been reached.

Peter Watson-Lee, Law Society family law committee chairman, said solicitors doing publicly funded work were hardly covering the costs of overheads as it was.

Sue Allen