A contract governing the relationship between barristers and solicitors has been provisionally agreed between the Law Society and the Bar Council, after 15 years of on-off negotiations.

The standard form contract - to regulate the basis on which barristers' fees are paid and replace the current non-contractual relationship and withdrawal of credit scheme - is intended for use in all cases where a solicitor instructs a barrister, except where legal aid or conditional fee agreements are involved.


It will not be mandatory and will only apply where specific reference is made to it between parties.


The agreement is subject to approval by the representation and main boards of the Law Society and by the Bar Council. The Department for Constitutional Affairs will need to approve the contract, as well as the consequential changes to the cab-rank rule and the ending of the withdrawal of credit scheme.


Talks began in 1990, after the Courts and Legal Services Act made it legal for barristers to enter into contracts, but broke down in 2003 before being resumed at the start of this year. The contract is likely to be launched in late 2006 or early 2007.


A Law Society spokesman said: 'The Law Society and Bar Council negotiating teams have had constructive discussions and have reached agreement on the key elements of the contract.' Details within the overall framework remain to be agreed, he added.