header-logo header-logo

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

Paying up

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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll