What is a Costs Lawyer and why would I need one?

 

The role of a Costs Lawyer is not widely known so we have provided answers to some of the common questions.. What do they do and how can they help you you?

What is a Costs Lawyer?

A Costs Lawyer is a qualified and Regulated Legal Professional who specialises in law and the practice of Legal Costs.

What does a Costs Lawyer Do?

They are a specialist lawyer who advises on legal costs matters.

They assist with the Detailed Assessment and Costs Management process.

A Costs Lawyer can work in any area of law that involves costs. This can include costs in personal injury cases, clinical negligence matters, commercial disputes, contested probate, housing disrepair, or property litigation.

They advise on retainers and fee agreements and in disputes between solicitors and clients.

Who can instruct a Costs Lawyer?

They can act for anyone, solicitors, legal firms businesses, insurance companies, or individuals.

When will I need a Costs Lawyer?

If you have been involved in litigation and have a Costs Award in your favour a Costs Lawyer can help you recover the costs from the opposing Party. They will draft the required legal documents and advise on the level of costs that can be recovered.

If you have been involved in litigation, and have a costs award against you, they can help you to seek to reduce the amount you will have to pay. They will draft the legal documents, advise you on an appropriate amount to pay and assist with the costs litigation.

They can advise you of the level of costs that may be incurred in litigation.

What work do they do?

 

In Detailed Assessment Proceedings

They can assist in all aspects of detailed assessment proceeds.

• Draft the bill of costs
• Prepare the Points of Dispute
• Points of Reply
• Negotiate a settlement between the parties
• Advise on the appropriate level of costs
• Attend as an advocate at detailed assessment hearings.

In Costs Management

They can assist with all stages in the Costs Management Process

• Prepare Costs Budgets (Precedent Hs),
• Advice on the opposing parties’ budget
• Negotiate agreement of the budgets and represent a party at a Costs and Case Management hearings.
• Prepare discussion budgets for the court ( Precedent Rs)

Other Work

• Advise on all aspects of charging and recovery of fees and disbursements (including expert and counsel’s fees)
• Prepare schedule of costs
• Act as an expert on legal costs matters
• Represent you in alternative ways to resolve costs disputes including mediation
• Advise on retainers and fee agreements
• Advise on solicitor/client costs disputes

What can they do that other unregulated costs professionals cannot do?

Some legal activities are called “reserved legal activities” because they can only be done by people who are qualified and regulated. Costs Lawyers can carry out three reserved activities. They have the right to conduct litigation, represent their clients in court and administer oaths.

A regulated Costs Lawyer, gives you the best chance of ensuring that your costs adviser can handle all costs aspects of your case.

When should I instruct a Costs Lawyer?

Costs Lawyers are increasingly involved in cases from the beginning. You can instruct them at any stage where you need advice about legal costs.

 

We are happy to discuss your costs needs at any stage in the litigation, feel free to give us a call for a chat about your needs and how we can help.