Solicitors believe counsel fee scheme should go
3 May 07
Society's survey shows 78% think scheme for accounting has had its day
Nearly 80% of solicitors believe that the Scheme for Accounting for Counsel's Fees, agreed between the Law Society of Scotland and Faculty of Advocates, should be scrapped, acording to an online survey carried out by the Society through its Civil Procedure Committee.
The survey was carried out in the wake of the Revised Direct Access Rules issued by the Faculty in January 2007. These allow much wider categories of clients to instruct advocates direct rather than through a solicitor.
Under the scheme, unless otherwise provided for, every solicitor who instructs counsel has a professional obligation so far as reasonably practicable to ensure payment of counsel's fees. The Civil Procedure Committee believes that the Direct Access Rules are more favourable in this respect, though it still awaits a response to questions raised with Faculty.
The survey, which closed on Monday 30 April, therefore asked the question: "Do you believe the Society should withdraw from the Scheme for Accounting for counsel’s fees to enable solicitors to contract with advocates on a voluntary basis?"
Of the 204 respondents, 78% answered yes and 22% no.
The subject is under discussion in the Joint Committee between the Faculty of Advocates and the Law Society of Scotland which covers matters related to instructing counsel.