The Case Law of Garylee Grimsley (1998), addresses the argument of two or more fee earners at an attendance. This was disallowed by Master O’Hare in accordance with R-v-Legal Aid Board Ex Parte Bruce (1991) which stated that whilst the solicitors are not expected to carry knowledge of all the law in the heads, seeking advice from others who are more qualified would be an overhead expense and not something that can be charged to the client.
This case law would usually be applied where two fee earners from the same team have attended a meeting together, each possessing information about the matter, or one attending for training purposes only.
The Costs Officers should not apply this case law if guidance has been obtained from a lawyer or specialist in separate legal fields such as education, family or property teams.
If two or more fee earners have attended a meeting or attendance, it is recommended to only claim the highest grade fee earner within the Bill of Costs, unless there are exceptional circumstances. There is no specific definition of what constitutes an exceptional circumstance, but any complex issues that deviate from the usual Deputyship management would be considered further. If you believe that the situation is exceptional and there is a valid reason for claiming multiple fee earners for an attendance, it is crucial to provide justification in the file note and bring this to the attention of the Costs Officer in the Bill of Costs.
Master O’Hare also addressed the matter of Inter Fee Earner Communications and directed that claims in respect of discussion between a solicitor, Deputy and the junior employees were disallowed under the SCCO Practice Directions No.2 of 1992 (Para 1.8). Memorandums exchanged among fee earners were also reviewed, as they appeared to serve as an unnecessary office liaison that did not contribute to the legal services rendered, and were consequently deemed inappropriate and disallowed. It is advised that any communication between fee earners to be documented in the file note to demonstrate the progression of the matter.
For more information, contact Georgia Clarke here.
