Article published by : Andrew Simon on Friday, January 18, 2013 - Viewed 555 times

Category : Legal

Wrong to Make Order against a Solicitor Who Acted for an Impecunious Litigant under a CFA



High Court prohibits all law costs draftsmen to act beyond their role as a legal representative to their clients. If in any case or circumstance that a law cost draftsman is identified to be doing such thing, High Court will not authorise him to be given a cost order.

This unauthorized practice by law costs draftsmen is prevalent in court cases involving underprivileged clients. A law cost draftsman will only benefit from a court case once he achieves a successful outcome from it. Due to this circumstance, law costs draftsmen tend to prioritize less fortunate clients because they have greater chance of gaining the court case’s side. And sometimes, law cost draftsman goes beyond their role as a solicitor for their clients. The legal representative provides financial support to their clients just to have the case pursued in courts.

This strategy of a legal representative is not acceptable especially if the case is under the conditional fee agreement (CFA). This is a provisional cost agreement given to clients to make sure that their personal interest is protected. In line with this, when the client does not have an after the event (ATE) insurance and agreed to allot funds for the expenses

According to HHJ Stephen Davies, who is the Court Justice in the Technology and Construction Court in the city of Manchester, in order for a legal representative to create an order he should have taken an action further than his responsibility as a solicitor in administering a court case whether or not it involves impecunious clients.

In Tinsel time, Gavin Edmondson who is the sole principal was sued with an order. It was identified that his client ran away after the court proceedings. The legal cost disbursement that was issued to him was not yet settled. Edmondson provided financial support to his client because he was not aware that the court proceedings will not push through if he will not fund the legal disbursement.

This circumstance is what the High Court wants to diminished. Having those legal representatives to go beyond their responsibility to their less fortunate clients just to achieve profit and in the end will be sued with an order against them.

Andrew Simon is an expert who provides professional costing services with years of expertise. With his supervision Cumberland Costings, a leading firm with team of highly professional costs lawyers and law costs draftsmen has given a new direction to costing process. Together with his team he has set remarkable standards of delivering superior services to their clients.
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Keywords: law cost draftsman, costs lawyers

By: Andrew Simon

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Article ID 1005457 (Views 555)



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