The training of a costs lawyer must evolve following the implementation of the legal services act 2007. Research this statement and write an essay on the impact and role of a costs lawyer.
Introduction
For solicitors, barristers and costs draftsmen perhaps the most important legislation introduced prior to the Legal Services Act 2007 (LSA) was the Courts and Legal Services Act 1990 (CLSA) and the Access to Justice Act 1999 (AJA). The CLSA established a new framework for the legal profession and also extended the rights of audience to higher courts for solicitors and other legal professionals. The CLSA laid the ground work for the AJA and LSA.
For costs draftsmen rights of audience were previously governed by Section 27 of the Courts and …show more content…
Findings
The LSA states the regulatory objectives of the legislation. These are set out at s1 of the Act:
“(a) protecting and promoting the public interest;
(b) supporting the constitutional principle of the rule of law;
(c) improving access to justice;
(d) protecting and promoting the interests of consumers;
(e) promoting competition in the provision of services within subsection (2);
(f) encouraging an independent, strong, diverse and effective legal profession;
(g) increasing public understanding of the citizen's legal rights and duties;
(h) promoting and maintaining adherence to the professional principles.”
It also lists a number of “professional principles” which are:
“(a) that authorised persons should act with independence and integrity,
(b) that authorised persons should maintain proper standards of work,
(c) that authorised persons should act in the best interests of their …show more content…
This was previously 7 hours. When fellows of the ACL wished to convert the status to of costs lawyer they were also required to undergo a short training course to ensure that the lawyer had adequate knowledge.
Costs Lawyers can now be subject to a wasted costs order for improper conduct, Ridehalgh v Horsfield. It was held that improper conduct covers any significant breach of a substantial duty imposed by a relevant code of professional conduct. In the past costs lawyers were not required to abide by a code of conduct.
Conclusion As a result of the changes I believe that the role of a costs lawyer is much more respected. The ACL is now consulted on issues of costs and intervened in what might have been an important decision in Coventry v Lawrence [2015] UKSC 50. This can only be because the ALCD now ACL is able to
Introduction
For solicitors, barristers and costs draftsmen perhaps the most important legislation introduced prior to the Legal Services Act 2007 (LSA) was the Courts and Legal Services Act 1990 (CLSA) and the Access to Justice Act 1999 (AJA). The CLSA established a new framework for the legal profession and also extended the rights of audience to higher courts for solicitors and other legal professionals. The CLSA laid the ground work for the AJA and LSA.
For costs draftsmen rights of audience were previously governed by Section 27 of the Courts and …show more content…
Findings
The LSA states the regulatory objectives of the legislation. These are set out at s1 of the Act:
“(a) protecting and promoting the public interest;
(b) supporting the constitutional principle of the rule of law;
(c) improving access to justice;
(d) protecting and promoting the interests of consumers;
(e) promoting competition in the provision of services within subsection (2);
(f) encouraging an independent, strong, diverse and effective legal profession;
(g) increasing public understanding of the citizen's legal rights and duties;
(h) promoting and maintaining adherence to the professional principles.”
It also lists a number of “professional principles” which are:
“(a) that authorised persons should act with independence and integrity,
(b) that authorised persons should maintain proper standards of work,
(c) that authorised persons should act in the best interests of their …show more content…
This was previously 7 hours. When fellows of the ACL wished to convert the status to of costs lawyer they were also required to undergo a short training course to ensure that the lawyer had adequate knowledge.
Costs Lawyers can now be subject to a wasted costs order for improper conduct, Ridehalgh v Horsfield. It was held that improper conduct covers any significant breach of a substantial duty imposed by a relevant code of professional conduct. In the past costs lawyers were not required to abide by a code of conduct.
Conclusion As a result of the changes I believe that the role of a costs lawyer is much more respected. The ACL is now consulted on issues of costs and intervened in what might have been an important decision in Coventry v Lawrence [2015] UKSC 50. This can only be because the ALCD now ACL is able to