header-logo header-logo

20 November 2008
Issue: 7346 / Categories: Legal News , Disciplinary&grievance procedures , Personal injury
printer mail-detail

Referral fees may aid access to justice

Profession

Despite the controversy surrounding the payment of large referral fees to solicitors acting on behalf of miners suffering from mesothelioma, such payments may be in the public interest, provided regulation is up to scratch.

Darren Werth, chairman of the Claims Standards Council says that the payment of fees is acceptable, as long as they are reasonable, proportionate and transparent. “Fees are a common and usual part of everyday business and simply put, they should be regarded as marketing expenditure.”

Werth says that it should not be of concern how solicitors market themselves, whether it be by purchasing advertising space or buying in vetted claims, as long as solicitors adhere to their professional rules.

He continues, “Since the changes in the Solicitor’s Referral Code at the end of 2004, the industry has finally enjoyed a welcome period of transparency and stability and that cannot be ignored.

“A ban on referral fees would undoubtedly send the industry back to a time of convoluted business practices full of technical challenges by insurers, which clearly would not be in the public’s best interests. The rules aren’t wrong, it’s the policing that needs to be better,” he adds.

Werth’s comments come in the same week that two solicitors, Jim Beresford and Douglas Smith, are facing allegations of professional misconduct arising from miner’s compensation claims.

It is claimed that their firm, Beresfords, earned £115m from its handling of the scheme in which the average payout to victims was just £2,000.

If found guilty, the solicitors could be struck off .

 

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

Family set expands with the formal integration of 4 Brick Court into 42BR Barristers

The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
back-to-top-scroll