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NewsNew Scheme For Counsel's FeesNews - date posted 11/01/08 A new scheme for accounting for and recovery of counsel's fees has now come into effect. The "Faculty only" scheme replaces the previous joint agreement between the Faculty of Advocates and the Law Society of Scotland which had been in force since 2002. The 2008 scheme is a suggested set of terms and conditions for counsel and agents and does not preclude the making of different arrangements. It covers areas such as the status of counsel's fees in both legally aided and privately funded cases, the terms of letters of instruction, special fee arrangements – for example in speculative cases - disputed fees and time limits for payment of fees. It sets out how outstanding fees will be monitored and provides for a committee consisting of three members of Faculty appointed by the Dean which will review the scheme and make recommendations to the Faculty where appropriate. The committee will also consider cases where a dispute arises between an instructing solicitor and Faculty Services Ltd over whether there is a "good reason" for the non-payment of counsel's fees. Under the previous scheme this role was carried out by a joint committee comprising three members of Faculty and three members of the Law Society of Scotland. Full details of the 2008 scheme can be found by clicking on the "instructing counsel" heading on home page of the Faculty website.
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