Rule changes to allow charitable fee-sharing and pro bono conditional fee agreements (CFAs) were last week approved by the Regulation Board.

If subsequently backed by the Law Society Council, the changes would allow solicitors to agree in the retainer to pass on some or all of the fees paid by a client to a charitable third party - as distinct from unilaterally deciding to make a donation - and pay any fees received under a CFA to a charity.


It is envisaged that CFAs in particular would be useful in litigation where currently solicitors act for charities on a pro bono basis. Lawyers would be allowed to retain any repayment of disbursements they have funded.


The impetus for the moves comes from the Attorney-General's pro bono steering committee, and they have been championed by the Attorney-General's pro bono envoy, Michael Napier, senior partner of Irwin Mitchell.


The Lord Chancellor's approval for the changes would also be required as they relate to the exercise of a right to conduct litigation, but the board was told that their progress would hopefully be fast-tracked.