WHAT IS THE BEST COSTS ADVICE YOU CAN GIVE TO A YOUNG LAWYER? THE ENTRIES

8 Responses

1. 

   Hassan Dervish · January 31, 2023 at 15:47:51 · →

   Retainer – Don’t start without one
   Record – Time
   Rules – Diarise deadlines
   Remind – Client of cost estimates

2. 

   AU · January 31, 2023 at 15:49:16 · →

   For celerity’s sake, I will keep this succinct.

   The best advice in my view., whenever you approach any offer, or problem, or costs issue.

   “Ensure you or our client have an ENTITLEMENT to costs.”

   AU

3. 

   Ged Courtney · January 31, 2023 at 15:54:21 · →

   Attendance notes serve many functions. They allow you to record your time for billing purposes and act as useful reminders of work done months ago. When it comes to costs however, their most valuable use is as a contemporaneous account of not only what you did, but why you did it. The Court should not apply hindsight, so your view of the matter at the time of the note is incredibly useful. At assessment, the difference between recovering the time spent and not often comes down to the quality of the supporting note. Good notes will allow you to almost communicate directly with the Court. Use that opportunity. If a particular task was important, why was it important? If it took longer than might be apparent from the other materials, then why? It remains true however that notes should be professional and relevant, given the potential for judicial scrutiny.

4. 

   Ageing cynic · January 31, 2023 at 15:56:24 · →

   Contrary to all the above advice DON’T bother keeping detailed time records, just a rough idea is fine. They can always be `refined’ if necessary, but the large majority of costs are settled by negotiation, not by DA, and the huge amounts of time spent recording what you did and why you did it will in most cases have been totally wasted. That time can instead be spent on work that is (a) enjoyable; and (b) productive.

   If you’re claiming costs ALWAYS claim more than you expect to receive, though not to a ludicrous degree. Everyone else does it, so the paying party’s lawyers will start from the assumption that you’re doing so, and apply a blanket 30% reduction to allow for this. Consequently, if you only claim a fair amount you’ll end up with a lot less than a fair amount.

   Another advantage of exaggerating your claim is that it enables your opponent to crow to their client about getting a great result. If you claim a `fair’ £20k and can fully justify it you may end up with £17k, but if you claim £27k you are far more likely to end up with £20k.

   Your opponent doesn’t really care what you get, but in this example your opponent will be telling their client that your claim is definitely worth the £27k you’ve claimed, but through their brilliance they’ve slashed you down to £20k. Of course, their client hasn’t a clue one way or the other, and will be pleased with the result..

5. 

   Robert Askey, Barrister · January 31, 2023 at 15:57:14 · →

   Does the opponent have any money to pay not only the claim your client wants but also costs on top? Will that be so when the case ends? Does your client have money to pay you and if so when? Will the client’s ability to pay continue? If the client has/will have no money are you willing to gamble your time and skill, however long it goes on for, on the prospects of this case? If not can you sensibly advise a funder (including (haha) Legal Aid) to advance money on this cause to pay you? And if the opponent has no money and nor does the client, you aren’t willing to gamble, and you can’t find a funder is this the kind of cause you’d like your boss to support for free? Impecuniosity is a hard teacher, sterner with the ruler than any Costs Judge’s meanness.

6. 

   L Dunn, Solicitor · January 31, 2023 at 16:39:12 · →

   Say it how you like: “Don’t let the best be the enemy of the good”, “apply the Pareto principle”, “work on 80:20”

   This applies to so many things. We all get stressed, and we’re often overworked. Knowing when its “good enough” is vital. People can feel overburdened. You can’t do it all. You cannot read every judgment, even if you just restrict it to your practice area. But don’t let that stop you doing “something”. Often just doing “enough” is enough.

7. 

   David Alan Hughes · January 31, 2023 at 17:14:38 · →

   (1) Think Costs. From Day 1, and not at the back-end of the claim! And if you’re not already doing this, change your thinking. Your business depends upon it.
   (2) Think Client. Keep them informed, and updated. There should be no surprises.
   (3) Think Court. Could you justify that behaviour or action to a Judge? If not, change your behaviour.

   Be principled, reasonable, and realistic.

   And keep written records of everything!

8. 

   David Laws · January 31, 2023 at 20:29:17 · →

   Know and comply with the rules that govern how you earn your living
   This has two 2 dimensions
   1. the ethical rules which protect both your client and you
   2. the rules and case law which comprise the law of costs
   Finally – Don’t dabble – Your client had the intelligence to employ you as an expert – That’s a good lead to follow when it’s your right to receive remuneration, your reputation and practicing certificate that can be at risk

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