Barristers will be able to sue solicitors for non-payment of fees under proposals drawn up last month by the Bar Council's fees collection committee.

The consultation document on draft contractual terms proposes abolishing the current non-contractual position and withdrawal of credit scheme in favour of a normal commercial relationship.

The report cited Law Society proposals to remove the professional obligation on solicitors to pay barristers' fees, and the fact that the Society does not investigate complaints against solicitors for non-payment of counsel's fees, among reasons for giving barristers more protection.

The proposed contractual terms will provide for binding arbitrations to deal with disputes - joint tribunal committees - with the right for barristers to seek summary judgment if there is no arbitration clause.

A new list of defaulting solicitors will replace the current directions list, and barristers will have discretion in whether to act for solicitors on the list.

Under current rules, acting for a solicitor who features on the directions list amounts to professional misconduct.

The rules will apply to all privately paid instructions and briefs, unless expressly agreed in writing.

Barristers' professional rules will allow them to refuse any work that is not subject to the contractual terms.

The proposed rules were drawn up without the agreement of the Law Society, which pulled out of negotiations last year.

The chairman of the fees collection committee, Geoffrey Vos QC, said: 'The new terms will be more commercial and more reasonable for both parties.

The list of defaulting solicitors will be fairer on solicitors than the directions list, because it will give barristers the option to decide to instruct the firm anyway.'

Law Society chief executive Janet Paraskeva said: 'Although the Law Society supports the introduction of contracts, there are issues of principle in the present draft which separate us from the Bar Council.

'Contracts need to be agreed by both sides.

We are currently considering what advice to give to solicitors.'

By Rachel Rothwell