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Solicitors should always check the contractual terms on which they engage counsel: many sets default to the most barrister favourable terms, i.e. payment due within a fixed period of invoice, whatever the position with the ultimate client.

Obviously getting money on account of these expenses is sensible, but not always fully possible: the amount of the fees may not be known, and underestimated for example. The thing to remember is that it is all now a simple matter of contract, not necessarily professional ethics.

The fact the Bar Council has taken this step suggests some sets or barristers have too many solicitor 'bad debts.' Or publicising the collection arrangements will stimulate prompter payment generally ...

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