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Litigation Letter

Unpaid fees

In 2001, complaints by barristers over unpaid fees went up by 41%, and in 2002 they increased by a further 43% to 1,333 complaints, involving fees amounting to £2m. Historically, barristers have not been allowed to sue solicitors for fees, their sanctions being to complain to the Bar Council, which can issue a direction to withdraw credit from solicitors, report solicitors to the Office for the Supervision of Solicitors, and also refer disputes to the Joint Bar Council and Law Society Resolution Tribunal. After two years of negotiations about the problem of unpaid fees, including considering barristers having the right to sue solicitors as a last resort, the two sides are ‘not incredibly close’ according to Geoffrey Vos QC, head of the Bar Councils Fees Working Group.

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