Negotiations between the Law Society and the Bar Council over a standard form contract for the payment of barristers' fees are at an advanced stage, it has emerged.

The two professional bodies have been trying for several years to reach agreement on a model contract that would replace the present non-contractual relationship and withdrawal of credit scheme.


The Law Society originally proposed the abolition of its practice rule that requires solicitors to pay counsel's fees, and approached the Bar Council with the idea that there should be binding arbitration for fee disputes. If the solicitor did not use the arbitration process or failed to pay thereafter, the barrister could sue in the county court and obtain summary judgment for the fees.


The Law Society withdrew from negotiations in 2003, but the bar's fees collection committee, led by Geoffrey Vos QC, continued to work on the scheme and published a consultation document in 2004. The Society approached the council last December about re-starting talks.


Mr Vos told the Gazette: 'Solicitors have to understand there is a need for a special arrangement for the payment of barristers, especially young barristers, as they are obliged to accept cases under the cab rank rule.'


A spokesman for the Law Society said: 'It is important for solicitors and barristers to work together on a sound commercial footing.'


The council's annual report revealed the number of complaints made by barristers over unpaid fees increased by 7% from 2003, and the value of those fees amounted to £3.9 million. During 2004, 45 joint tribunals were set up to resolve fee disputes between barristers and solicitors, adjudicating on fees totalling £856,235.