Administrative work and expenses

If work is not of a type that is chargeable by a fee-earner it is not remunerated under the regulations because it is considered to be part of a solicitor’s overheads in running the firm.

We refer to ‘work not chargeable’ for this reason as administrative work, time spent on purely administrative matters, for which payment will not normally be allowed.

Staff undertaking secretarial duties are not generally considered to be fee earners, and the expense of their time will form part of the firm’s overheads. However, some people who undertake secretarial duties may also regularly undertake fee earning work.

Expenses which may be classed as overheads are generally not payable.

Photocopying is generally an overhead expense (except where fees are prescribed) as are the costs of postage, stationery, faxes, scanning, typing and the actual cost of telephone calls.

Courier fees are generally an overhead expense but in some circumstances these may be claimed as disbursements, where they are incurred in relation to a particular case or matter and it was reasonable to do so.

You should refer to our guidance on couriers for more information.

Other examples of overheads include staffing expenses (including training), the cost of maintaining premises, taxes (other than VAT properly charged in relation to an individual case or matter) and administrative expenses.

Such work is not chargeable by a solicitor, nor chargeable if delegated by a solicitor to an unqualified fee-earner.

Work that we consider to be administrative and therefore not chargeable to the Fund includes:

• the costs of opening and setting up files
• maintaining time costing records and other time spent in complying with the requirements of the Act and Regulations other than the direct provision of legal services to a client
• a receptionist or other member of staff making or answering phone calls and taking general messages
• a typist or secretary typing a letter
• a cashier making payments, including electronic payments
• receiving documents being handed in at the solicitor’s office
• ascertaining telephone number or contact details
• a telephone call made or received by a non-fee earner not substantively advancing the subject matter of the advice (or the case under legal aid or ABWOR)
• taking or giving messages to the effect that the solicitor is not available
• taking information from client of an administrative nature e.g. change of address, apology for missing a meeting
• internal passing on of messages
• establishing cost of hotel/travel/car hire on behalf of a solicitor, or making travel arrangements
• proof reading to check the accuracy of a document as distinct from considering its content.

It should be explained that some of this work is already covered, in taxation practice, within the fees table, for example the typing of a letter being covered by the letter framing charge, etc.

The examples provided above are not intended to be an exhaustive list.

Historically, charges of that nature were routinely covered by the allowance of posts and incidents which were incorporated into the prescribed fee levels in 1989.