Alexander Barristers Chambers - Standard Terms and Conditions where Counsel is instructed by a Solicitor

By intructing any Member or Door Tenant of Alexander Chambers, you and your firm accept and agree to be bound by these terms, unless you inform us otherwise in writing. (In Direct Access cases there will be a separate agreement in writing.)

    1.      The basis upon which fees are to be charged:

If you wish us to quote the probable fee for a conference or a piece of paperwork in advance, please contact us. We are able to quote an hourly rate and an estimate of hours necessary for the work to be undertaken. However, we reserve the right to charge a different sum if the work takes longer than time estimated at the time of the quotation. The fee is determined by either the hourly rate applicable for an individual barrister or by agreement bearing in mind the length of time the case will take, its complexity and the urgency of the matter. 

All privately funded cases will have a pre-arranged fee for a hearing. Once counsel has been instructed to cover a hearing, the full Brief Fee will be payable in the event that the hearing does not go ahead where less than 21 days notice is given. Where notice of 21 days or more is given, preparation time will be charged for the hours spent on preparing the case, chargeable at counsel's hourly rate.

Publicly funding work is usually dependent on the Legal Services Commission rates applicable from time to time. 

2. Rendering of fee note/time for payment:

Fee notes will usually be rendered after each piece of work has been undertaken, whether it is a conference, paperwork or a court hearing. Payment becomes due immediately upon the fee note being rendered. In certain circumstances we reserve the right to request payment of counsel’s fee on delivery of the brief or instructions as a prerequisite to accepting or undertaking the work.

Solicitors, by instructing counsel at Alexander Chambers, agree to pay counsel’s fees within three months of receiving a costs or fees payment.

Publicly funded work.

Although we are aware that it is usually not possible to claim fees in publicly funded work until the case is concluded, we will provide a cost estimate upon request so that you are able to monitor the costs against the terms of the legal aid certificate.

3. Debtors

If payment is not received for any private funded work after a reasonable time, we reserve the right to instigate the Bar Council’s Withdrawal of Credit scheme. This procedure can lead to a solicitor’s firm being put on a list of those firms from whom the Bar is only entitled to receive instructions provided the fee is pre-paid. If we do determine to instigate the Withdrawal of Credit Scheme, we will advise you in writing that we are about to commence this procedure.

4. Conferences

We are happy to attend conferences at in various locations, including a solicitor’s office or client’s home. Alternatively, we can arrange a conference room in central London. Travel time and expenses to attend conferences outside of central London will be chargeable.

5. Concerns

If you have any concerns about our service, please telephone the clerks in the first instance. Alexander Chambers is committed to providing the best possible service. All matters of concern will be looked at and, we hope, resolved to your satisfaction. Chambers has a written complaints procedure which will operate where desired. Barristers work in accordance with the regulations of the courts and tribunals and the Bar Council's Code of Conduct.

6. Attendance at court

We would expect you to provide a representative to sit behind counsel unless your firm’s non-attendance has been agreed with counsel in advance. If this is not possible, we would wish to be notified at the earliest possible opportunity. We may be able to provide support at a negotiable fee. Where there is no representative of your firm at court during a case, the barrister involved will report back to you either by telephone or in writing as soon as possible.

7. Double booked counsel

While we hope that counsel of your choice is free to undertake the hearing you have contacted us about, sometimes that is not possible. In those circumstances we will advise you that your first preference counsel is unavailable and offer you a replacement. Alternatively, we will hold your booking as a second commitment for the counsel of your choice, to proceed if the pre-existing booking does not proceed. It may be that some circumstances (for example, overrunning court commitments or illness) will lead to the late return of the papers to another member of counsel. Whilst we will do everything in our power to avoid late returns, you should be aware that they may occur.

8. Quality of Briefs and Documentation

It is instructing solcitors responsibility to properly instruct Counsel in good time so that they can prepare for a case. Chambers must not be sent original documents in any circumstances, without prior agreement in writing. Copies of documents must be in good order, and only single sided. Documents in electronic format are not accepted without prior agreement in writing. 

Chambers and Counsel will not photocopy documents nor collate bundles for courts and tribunals, as that is the role of the instructing solicitor. Such work is not included in Counsel's fees and Chambers does not have the copying facilities or the staffing to be able to undertake such work. Counsel will gladly advise on the suggested contents of bundles but must be given sufficient time to be able to meaningfully do so.

Chambers and Counsel reserve the right, even at short notice, to return a brief and withdraw from a case where a solicitor has not complied with the above requirements.

For and on behalf of all barristers at Alexander Barristers Chambers.

Contact us in confidence on 0845 652 0451 for a no obligation chat.