Writing in NLJ this week, John Gould, chair of Russell-Cooke LLP, argues that the current framework belongs to ‘another age’, rooted in a Dickensian model of courts policing rogue solicitors through detailed scrutiny of bills. Instead, Gould says disputes over legal fees should be treated like any other professional services disagreement, resolved through ordinary contractual principles, ADR and ombudsman redress.
He criticises the obsession with ‘items and tariffs’ and argues that clients would be better protected by clearer budgeting and transparency rather than archaic assessment procedures. Gould also suggests the distinction between ‘contentious’ and ‘non-contentious’ costs has become increasingly meaningless in modern legal practice.
Repealing Part III, he argues, would simplify disputes, improve access to justice and reduce costs for lawyers, clients and courts alike.
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