https://www.slab.org.uk/guidance/advocacy-3/
https://www.slab.org.uk/guidance/advocacy-3/
| Advice & Assistance | Not applicable | |
| ABWOR |
Schedule 3, Part I
|
1(i) & 1(ii) |
| Legal Aid |
Schedule 5 Civil Fees Regulations
|
1(a) & 1(b) |
This fee is only payable for the actual time spent by you in court conducting a hearing. It includes any time spent during the hearing where another party is presenting their own arguments.
The advocacy, or conduct, fee is payable for the first half hour conducting a hearing and a separate fee is chargeable for each subsequent quarter hour of conduct in court.
A minimum advocacy fee is chargeable irrespective of the actual time spent during that period, but that includes time chargeable on a non-advocacy basis, including a meeting with the client or waiting time at court.
If the same matter is continued until later on in the day, but the combined advocacy times do not exceed the minimum time, you are still only entitled to the minimum advocacy fee.
It is only where the total advocacy time has exceeded the minimum period that you can charge for each subsequent quarter hour.
There is no requirement for any party other than the children’s reporter to attend in person, or to be represented at a hearing to consider an application for an interim compulsory supervision order, unless that party opposes the extension of the order in the terms sought by the children’s reporter, or wishes to seek any variation of its proposed terms.
Accordingly, unless an ICSO extension hearing is going to be opposed or a variation is being sought by the party in receipt of legal aid, representation at any such diet will not be considered a necessary or reasonable charge from the Fund.
In circumstances, other than the above, where you have considered it necessary and reasonable to attend at an ICSO extension hearing you should provide a detailed reason in support of the charge being made.
The advocacy fee is not chargeable where the solicitor is “sitting behind counsel” and counsel is conducting the hearing.
You should charge the “non-advocacy” fee where this happens.
Although unusual this fee can also be charged where a hearing is conducted ‘on the papers’ and written representations replace the need for a physical hearing to take place.
You should refer to the separate Legal Aid Guidance available where you undertake work of this nature.
You will require our prior approval where two solicitors attend court at the same time.
In those circumstances, only one solicitor is entitled to charge the advocacy rate.
The second solicitor will be paid at the appropriate non-advocacy rate.
Where you attend court for multiple clients in relation to the same hearing, or the same client who has been granted more than one certificate in the process, the minimum advocacy period covers all time in the combined related cases up to the first half hour.
There is no equivalent “advocacy” fee as this constitutes representation.