header-logo header-logo

Paying up

13 September 2007 / Barbara Hewson
Issue: 7288 / Categories: Features , Procedure & practice , Profession
printer mail-detail

Do solicitors still have to pay counsel under the new code of conduct? Barbara Hewson investigates

On 1 July 2007, the new Solicitors’ Code of Conduct came into force. Ordinarily, the Bar does not take much interest in how solicitors govern themselves, but on this occasion the Bar has something to worry about. The new code has quietly dropped r 20.06, which provided: “Except in legal aid cases, solicitors are personally liable as a matter of professional conduct for the payment of counsel’s proper fees, whether or not they have been placed in funds by the client.”

According to the Solicitors Regulation Authority (SRA):

“The Regulation Review Working Party undertook detailed research on the principles of professional conduct and decided that it was not necessary for the new Code to contain such a provision.”

It does not seem to have occurred to anyone that, by not taking account of the basis on which solicitors engage barristers in England and Wales, the new code is deficient, as it potentially places the solicitors’ branch of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Michael Zander KC, emeritus professor at LSE, revisits his long-forgotten Crown Court Study (1993), which surveyed 22,000 participants across 3,000 cases, in the first of a two-part series for NLJ
Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week
back-to-top-scroll