Fee Basis & Transparency
Lincoln House Chambers are committed to providing open and transparent information in relation to the cost of the legal services we provide. Our experienced clerks are able to help you in identifying appropriate counsel for your case and the likely cost, whether you are a professional or a direct access client. We base our recommendations and quotations on the information provided by our clients and, when the prospective case is within our areas of expertise and there is sufficient information, we are able to give accurate quotes for fees both verbally and in writing (usually via email). Please find details of the clerking team here.
In all matters other than Legally Aided Criminal Defence and CFA work, Lincoln House Chambers operate under the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons 2012 (The “Bar Council Standard Contractual Terms”).
A significant proportion of our work relates to criminal cases in the criminal courts. Clients involved in this type of case will be eligible for publicly funded representation through the legal aid scheme. These cases require the client to instruct a solicitor who will then consult with chambers to determine an appropriate barrister for the particular case. Chambers is able to assist potential clients by recommending appropriate solicitors to consider for their case.
Clients who do not qualify for public funding or who choose to pay privately may instruct counsel of their choice. They may discuss with us the most appropriate counsel for the case either directly or via a solicitor. That discussion will include counsel’s current and future availability and the likely cost for their services.
Lincoln House operate four main pricing methods for privately funded work:
Hourly Rates: Please see a guide of the likely hourly rates set out below. We are happy to agree not to work beyond any financial limit set by our clients.
Fixed Fees: We are able to agree, where appropriate, a fixed fee which covers either a single piece of work or an entire case. The scope of the fixed fee would be clearly set out in writing as it is sometimes impossible to cover all eventualities in a set fixed fee agreement.
Capped Fees: We can apply an hourly rate and charge on that basis to an agreed cap for the specific piece of work. Any work completed which goes beyond the cap would not be charged.
Both Fixed fees and Caps are set on the basis of our understanding of the requirement at the point in which the fee is agreed. If the case changes significantly or we have not been provided with accurate information in which to base the calculation then we would expect to renegotiate the fee based on the more accurate and up to date information
CFA: Our Civil Team accept instructions on a CFA basis in appropriate cases. The terms will be negotiated in each case and Chambers will adopt the APIL-PIBA 9 CFA form which can be found on the PIBA website.
Please note that we would need to consider the appropriateness of a CFA at least 7 days before any case listing or paperwork deadline.
Sometimes there is a need to use a combination of the different fee structures, for instance a trial preparation fee based on the rate per hour and fixed daily attendance fees. We are flexible in our approach and all fee agreements will be confirmed in writing and backed up with counsel’s written log of work done where required.
Factors that will be taken into account when assessing and proposing counsels’ fees include:
• The apparent complexity of the case;
• The seniority of counsel;
• The circumstances of the case, including whether it is of public importance;
• The volume of documentation and likely preparation time;
• The potential length of engagement in the case overall and any trial proceedings.
We are often asked to agree varied fee structures such as:
• A ‘whole case fee’
• Fixed brief fee (case preparation, conferences, and first day of trial) and fixed daily fees (refreshers)
• An hourly rate for preparation and fixed court attendance fees.
We are also amenable to considering differing payment terms, which can be discussed in detail with our clerking team at an early juncture.
Timescales for provision of our legal assistance can be affected by a number of different factors such as:
• The nature of the case;
• The availability of the barrister selected and any other professional or personal commitments;
• Timely case instructions and provision of all necessary material;
• Case complexity and volume of material to be read.
The vast majority of members at Lincoln House Chambers are registered for Value Added Tax and this will be separate to and added to their professional fees. They are also all regulated by the Bar Standards Board, covered by Bar Mutual Professional Indemnity Insurance and are registered with the Information Commissioner’s office.
Direct access clients will find more information on the services provided by chambers under this scheme in the dedicated section on our website here. The Bar Standards Board’s ‘Public Access Guidance for Lay Clients’ can be found here.
Hourly rates guidance:
Hourly rates are agreed separately for each case according to the factors already set out. Our fees are flexible and competitive whilst still reflecting the very high standard of advice and representation provided. The current rate of VAT will be applied to all fees (unless exemptions apply). The following hourly rate ranges, indicate our fees according to the experience of barristers:
Under 5 years – £50 – £150
5 – 10 years – £80 – £200
10 – 15 years – £125 – £300
15 Years + – £150 – £400
QC – £350 – £750
This is a wide range of fees anticipating cases at both ends of the scale, but a more definitive guide will be offered to you on first contact with our clerks. There is however, no set upper or lower limit, each case would be assessed on its own merits. A written agreement will be provided setting out the services to be provided, the fees for these services and payment terms.
In certain circumstances that may arise there may be additional work demanded of counsel which may result in extra costs to the client which you will be advised of at the first opportunity. These may include, but are not limited to: service of further evidence, changes in the client’s case, unforeseen lengthening of court proceedings.
Fixed fees in criminal cases: In prosecution cases we will adhere to the fee structure and provisions for arranging fees that are established with the Crown Prosecution Service or other prosecuting agencies.
In respect of defence Legally Funded work, where Counsel is paid separately, we will deal directly with the appropriate authorities.
Fee Notes: On completion of our work on a matter a fee note will be promptly forwarded to the relevant person within the instructing body. Our fee notes record the services (hearing/conference/paperwork) for which the charge is made together with the dates thereof. In addition, where appropriate, the fee note will detail the preparation time, length of conference, length of hearing and any expenses (at cost) incurred. If there are any disputes arising from the fee notes then we ask that those instructing make contact with us within 7 days to discuss the matter and resolve and issue.
Payment of fees: Unless we have agreed to the contrary, we request our fees to be settled within the timescale prescribed within the standard contractual terms. For our part, we adhere to the Bar Council’s Code of Practice in respect of progressing payment of our fees.
Fees must be paid according to the standard contractual terms timescales whether or not the solicitor has been put in funds by the client or has taxed the costs.
Abated Fees for Multi Track & Fast Track Cases:
Multi Track – The Brief Fee will be deemed delivered 4 weeks prior to the Trial date, if the case settles, is discontinued or vacated/adjourned during that period then the trial fee will negotiated subject to the proximity to the trial date
Fast Track – The Brief Fee will be deemed delivered 5 working days before the Trial date following which the following fees will be applicable. If the case settles, is discontinued or vacated/adjourned before 10am on the working day before the Trial date: 50% of the agreed Trial fee, if the case settles, is discontinued or vacated/adjourned after 10am on the working day before the Trial date: 100% of the agreed Trial fee