Barristers may sue over unpaid fees

Barristers could have the right to sue solicitors for unpaid fees as a last resort under plans being discussed by the Law Society and Bar Council, after it emerged that the number of barristers' complaints over unpaid fees went up 43% last year.

The Bar Council's annual report revealed that 1,333 complaints were made in 2002, with the fees in question amounting to 2.8 million.

In 2001, the figure went up by 41%.

The Bar Council and Law Society also run tribunals to resolve disputes over fees.

During 2002, 42 were set up and most awarded all of the fees claimed.

The Law Society and Bar Council are working together to draw up a default contract to replace the present non-contractual terms of work between solicitors and barristers.

It is likely that the new terms will enable counsel to sue solicitors and/or complain to the Bar Council.

Historically, barristers have not been allowed to sue solicitors for fees.

Currently, the most barristers can do is complain to the Bar Council, which can issue a direction to withdraw credit from solicitors, meaning barristers cannot accept instructions from them unless the case is publicly funded or paid up front.

A report is also made to the Office for the Supervision of Solicitors, which happened in 57 cases last year.

The threat of withdrawing credit usually has an effect.

The directions may be replaced by an advisory list of solicitors from whom the Bar Council suggests it would be unwise to accept instructions on credit.

The joint tribunals would continue for disputes, with the loser having to pay costs.

The Law Society and Bar Council will consult their members before the new terms are concluded.

Geoffrey Vos QC, head of the Bar Council's fees working group, said he was optimistic about agreement with the Law Society some time this year, but said the two sides were 'not incredibly close'.

Mr Vos said suing for fees would only be the last resort, but it was a difficultissue because of the culture change a contractual relationship would introduce.

He said the process had begun two years ago because the Law Society was dissatisfied with the withdrawal of credit scheme.

A Law Society spokesman would only say that negotiations with the Bar Council are ongoing.

Meanwhile, figures in the Bar Council's annual report show that larger numbers of women and those from ethnic minorities entering the profession are set to change the bar's demographics in much the same way as is already happening in the solicitors' profession.

The 2002 formation of the 13,601 practising barristers was 69% male (compared to 62.6% of 86,603 practising solicitors, according to the most recent figures available, which relate to 31 July 2001).

However, 49% of those called to the bar last year and 47% of those in pupillage were women.

Among newly qualified and trainee solicitors, women are already considerably in the majority.

Ethnic minority barristers made up 11% of the practising bar (6.6% for solicitors), although 20% of pupils were from ethnic minorities (17% for trainee solicitors).

There was a marked difference between the self-employed and employed bars.

While 28% of the self-employed bar was female, and 9.7% from ethnic minorities, the figures rose to 42% and 15% respectively for the employed bar.

There are similar trends in the solicitors' profession.

There were 10,747 self-employed and 2,854 employed barristers.

The number of chambers dropped last year from 387 to 354.

Neil Rose