Prescribed Fees

Telephone calls of up to four minutes are paid at the formal rate.

Advice & Assistance Schedule 3, Part II B
ABWOR  

Schedule 3, Part I

 

4(v)
Legal Aid  

Schedule 1A, Part 1, summary and solemn

 

4(e)

Telephone calls of over four minutes and up to 10 minutes are paid at the non-formal rate.

Advice & Assistance Schedule 3, Part II C
ABWOR  

Schedule 3, Part I

 

3(iv)
Legal Aid  

Schedule 1A, Part 1

 

3(d)

Telephone calls of over 10 minutes are chargeable at the “non-advocacy” rate based on the actual time expended.

Advice & Assistance Schedule 3, Part II A(i) & A(ii)
ABWOR  

Schedule 3, Part I

 

2(i) & 2(ii)
Legal Aid  

Schedule 1A, Part 1

 

9(a) & (b)

Telephone attendances are prescribed by regulation depending on their duration.

The above fees do not apply to telephone calls  in connection with taking a precognition in relation to solemn proceedings which is covered by separate guidance.

The variable rates reflect that telephone calls can cover a wide range of attendances including short formal enquiries to longer attendances that will include the taking of detailed instructions that may have otherwise required a face to face physical meeting.

Where it is unclear how long a telephone call lasted or there is insufficient narrative to support a charge, we can only allow a charge at the lowest rate.

Where your call exceeds 10 minutes this will be assessed as a meeting.  You should refer to the separate Legal Aid Guidance available in such cases.

All charges should be supported with a narrative detailing:

  • the date on which the work is carried out
  • clear reference to who the call was with and its purpose
  • length of the call
  • the name and status (qualified or unqualified) of the individual carrying out the work; and
  • any other factors which may contribute to the time spent.

Standard charges

Charges based on standard units or times (for example, five or six minute units) are not allowed and are contrary to the basis of the fees set out in the Table of Fees.

Where it appears that your account has been charged on this basis we may allow a charge at the formal rate and request more information in support of the charge.

Unanswered calls

No charge will be allowed for a telephone call where:

  • there is no answer
  • a message is left on an answering machine or with someone other than the intended recipient of the call where no substantive discussion takes place (such as, requesting the client returns the call); or
  • the work is administrative in nature.

For criminal legal aid fees the first two examples above are listed in paragraph 4(a) and (b) of the Notes on the operation of Schedule 1A as work activites which are not chargeable.

We can allow a charge for a telephone call where you leave a message on an answering machine or with someone other than the intended recipient of the call but, in the process:

  • indirectly provide advice or information to the client; or
  • substantively progresses the matter or the case.

For example, the effect of the message may be to hasten receipt of an overdue report from a professional or expert witness.

We will not allow an unanswered telephone call leaving a message for your client or other person to contact you. You will be paid for the substantive telephone call as and when it takes place.

This should be clearly explained in the supporting narrative.

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