Interim payments in Crown Court casesThe Law Society has secured the introduction of schemes for interim and hardship payments for solicitors in long Crown Court cases, to come into effect on 1 January 1997.

Claims can be made on qualifying cases at any time after this date.The relevant regulations, which also introduce graduated fees for advocates where the legal aid order is dated after 1 January 1997, are the legal aid in Criminal and Care Proceedings (Costs) (Amendment) (No.2) Regulations 1996 (SI 96/2655).Staged paymentsWhere the period from committal to end of trial is likely to be greater than 12 months, claims by solicitors for staged payments for preparation can be made for each tranche of 100 hours' preparation.It may be necessary to complete a short form of case plan giving basic details of the type of preparation work undertaken.Payment is on the basis of the prescribed hourly rate for the relevant grade of fee earner.

There is a similar scheme for preparation by the advocate, whether solicitor or barrister, payable at the relevant hourly rate for counsel.Interim payment for attendance at trialWhere a trial lasts for 20 days or more, an interim payment can be claimed for a solicitors' representative attending court at the rate of 2.5 times the grade C fee earner hourly rate for a day's hearing beginning and ending before lunch, and five times that hourly rate where the hearing begins before and ends after lunch.

Further payments will be made for each 20-day qualifying period.Qualifying periods for interim payments to advocates (solicitors or barristers) are at the prescribed maximum refresher fee for counsel, currently £178.75 per day.Advance payment for early advocacy preparationAdvocates will be able to claim advance payments where, at least five days before a plea and directions hearing, work of all the following types has been done:-- reading the papers in the case;-- holding a conference with the client;-- contacting the prosecution representative;-- giving written or oral advice on plea.The advance payment will be £100, increased by 20% for each case, defined as proceedings against one assisted person on one or more counts of a single indictment.

An advance payment will not be made if the client pleads guilty to all counts or the prosecution declares an intention not to proceed to trial.HardshipThe scheme of hardship payments has been established for solicitors and barristers.

The qualifying criteria are:-- there are Crown Court proceedings;-- at least six months have elapsed since the legal representative was firs t instructed;-- no other staged or interim payment entitlement arises;-- final payment is not likely within the following three months;-- financial hardship is likely to be suffered because of the delay in final payment.The minimum payment is £5000, to be set off against the final payment.

Further information is available from the Law Society's press office; tel 0171 242 1222; or from David Hartley on 0171 320 5778.Graduated fees for advocatesRegulations have now been laid before Parliament to bring into force graduated fees for advocates in the Crown Court where the legal aid order was made on or after 1 January 1997.

The Legal Aid in Care Proceedings (Costs) (Amendment) (No.2) Regulations 1996 (SI 96/2655) are now available from HMSO, price £4.70.Graduated fees introduce the principle of equal treatment of barristers and solicitor advocates.

Where they apply, a case will fall into one of nine categories of offence.

Some fraud and revenue cases are excluded.The fee will be calculated as a basic fee (covering preparation for advocacy and the first day's hearing), to which are added refreshers and various multipliers.

These multipliers are based on the number of pages of prosecution evidence and, in trials, the length of hearing and number of prosecution witnesses.There are different fees and multipliers for each category of offence and for trials, cracked trials and guilty pleas.

There are different levels of fees for QCs, leading juniors/solicitors and for junior counsel/solicitors.A range of hourly and fixed fees are set for work done and attendance at various hearings not otherwise covered by graduated fees.

There are incentives for the nominated trial advocate to attend the plea and directions hearings.Cases will be excluded from graduated fees in trials lasting more than ten days or where the amount of prosecution evidence or number of witnesses is substantial.

The regulations define different criteria for the amount of evidence or witnesses in trials, guilty pleas and cracked trials.Where a case is excluded from graduated fees, the principle of equal treatment of solicitors and barristers will continue to apply.

The fees will then be based on counsel's fees in the current regulations but with the benefit of counsel's wider escape clause for enhancement.The Law Society has pointed out to the Lord Chancellor's Department (LCD) a number of defects in the scheme, including what appear to be perverse financial incentives to crack trials.

There is also a risk that the structure requires the maximum amount of time to be spent in court, leaving insufficient time for proper preparation for advocacy.Claims for fees will have to be made in the name of the individual advocate, even if he is a member of a firm of solicitors.

However, that advocate can authorise the court to make the payment to the firm of solicitors.

That will apply whether the solicitor advocate is an agent, or in-house.The regulations contain detailed formulae for the calculation of the fees together with the necessary tables of fees.

There is probably little alternative but to read the regulations.

However, the Society will be producing a detailed briefing note, likely to be available before the end of November.Requests for copies, enclosing an A4 sae, should be sent to the Practice Advice Service, Law Society Services, 50 Chancery Lane, London WC2A 1SX; DX56 London Chancery Lane.

The LCD will publish directions for determination officers before graduated fees come into force.

It is hoped these may contain worked examples of calculations of fees.