https://www.slab.org.uk/guidance/fees-for-consultations-and-pre-trial-meetings/
https://www.slab.org.uk/guidance/fees-for-consultations-and-pre-trial-meetings/
The Table of Fees prescribes a fee for consultations, and pre-trial meetings, depending on the status of counsel.
Chapter 6, paragraph 7 Consultations
In relation to Chapter 1 to 5 the fees prescribed in Chapter 6 apply.
Paragraph 12
Consultations (including joint consultations with opponent with a view to negotiating settlement)
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion
These are fees payable within a range, based on you are acting as ‘junior alone’, or as ‘junior with senior’ where we are satisfied that a fee is payable.
Paragraph 4
Consultations before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior.
Paragraph 4
Consultations (including joint consultations with opponent with a view to negotiating settlement)
Before proof, or otherwise involving a significant degree of preparation or lengthy discussion.
These are fees payable within a range where we are satisfied that a fee is payable.
Paragraph 2(d) of the notes on the operation states:
“in determining the appropriate level of fee for a consultation, regard shall be had to the length of the consultation and any reasonable and proportionate preparation required which has not otherwise been reflected in an additional fee for preparation, or in a fee for a proof or other hearing”.
Where a higher fee within the range is charged you must justify that fee with reference to:
Any time spent travelling, the parties involved in the consultation, or the complexity of the matters are not relevant factors in support of a fee above base rate.
As a general rule, excluding ‘other consultations’ which by definition do not involve a significant degree of preparation or lengthy discussion, we consider the base rate of the range to cover at least two hours of preparation and attendance time.
Where we are not satisfied based on the information available on the level of fee that has been claimed we will allow a reasonable fee within the range and invite you to provide further information in support of the claim.
We consider a consultation to be payable where it is necessary for you to attend a formal meeting, including meeting by means of a conference call or video link, concerning a significant issue which advances the cause.
Paragraph 12(c) of the notes on the operation states:
“except on cause shown, fees to counsel shall be allowed for no more than two consultations in the course of proceedings”.
This paragraph does not mean that only two consultations are chargeable in the case.
The number and duration of consultations that are required in a case can vary significantly depending on the circumstances. There are a number of factors that can affect the frequency or duration of meetings including:
This is not intended to be an exhaustive list.
Our role in exercising our own skill, knowledge and experience is to assess whether the number of consultations claimed was reasonable, for the type of case that we are assessing. The decision is a matter of balanced judgement rather than arithmetical calculation.
In order that we can reach an informed view on the number of consultations the narrative must contain brief details as to the instructions taken, the advice given and how the case was progressed sufficient to justify the fee that has been claimed.
This does not mean that we expect, or require, every word of the advice given or every detail on the law and procedure to be adopted – often advice on a particular procedure will be relatively standard – but we expect to see some reflection in the narrative of the purpose of the consultation with particular reference to the personal circumstances of the client and the advice given on the case.
The greater the number of consultations claimed, the more detail should be provided.
Charges for a ‘consultation with client’ or ‘consultation with agent’ are, in the absence of any additional detail, unhelpful and are unlikely to provide any insight as to the information that has been imparted or received and will almost certainly result in the entry being disallowed.
Where we are not satisfied based on the information available on the number of consultations claimed we will allow a reasonable number and invite you to provide further information in support of the claim.
We will not pay for a consultation where it is apparent that a meeting was not necessary to advance the case.
Paragraph 12(e) of the notes on the operation states:
“correspondence, telephone calls and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees prescribed for the associated item of work in the Tables of Fees”.
There may be a range of communication which may be necessary as part of the case strategy or conduct of the case but those general communications are not separately chargeable unless the work was sufficient to justify a separate consultation fee.
No fee can be paid for meetings between counsel acting for the same assisted person.
The schedule 4 table of fees does not preclude you from charging a separate consultation fee where that can be justified in addition to a ‘per day’ or a ‘per half hour’ court fee. As such we will consider whether the consultation is reasonable and then determine the sum payable in addition to the fee for the court hearing.
The table of fees include a fee for a pre-trial meeting in Court of Session proceedings only.
Chapter 6, paragraph 8
Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute)
In relation to Chapter 1 to 5 the fees prescribed in Chapter 6 apply.
This standard fee, payable based on whether counsel is acting as ‘junior alone’, or as ‘junior with senior’, cannot be increased or decreased where you are satisfied that a fee is payable.
The fee includes the preparation of minute of pre-trial meeting and any associated joint minute.
Where a claim is made for either minute the charge must be disallowed.
There is no equivalent fee for ‘pre-trial meetings’.
The fee for a consultation, unlike in Table of Fees A, also includes “joint consultations with opponent with a view to negotiating settlement”.
Therefore, it may be appropriate for you to charge for a consultation fee for a pre-trial meeting.
Separately you may be entitled to charge for the preparation of any minute of pre-trial meeting, where appropriate, and any associated joint minute.
Paragraph 5
Pre-trial meetings
Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute)
This standard fee cannot be increased or decreased where we are satisfied that a fee is payable.
The fee includes the preparation of minute of pre-trial meeting and any associated joint minute.
Where a claim is made for either minute the charge must be disallowed.
There is no equivalent fee for ‘pre-trial meetings’.
The fee for a consultation, unlike in Table of Fees A, also includes “joint consultations with opponent with a view to negotiating settlement”.
Therefore, it may be appropriate for you to charge for a consultation fee for a pre-trial meeting.
Separately you may be entitled to charge for the preparation of any minute of pre-trial meeting, where appropriate, and any associated joint minute.