Fee Basis

Lincoln House Chambers provide a high quality service at competitive rates. The Director of Clerking is willing to discuss any aspect of chambers’ procedure and fee charging in an effort to accommodate your specific requirement. Chambers members are always willing to work within individual requirements and we maintain an open and flexible approach to fee structures.

At the outset of accepting any instructions we will agree with the client the basis on which fees will be charged. Hourly rates for members of chambers vary, and are available upon application from the Clerking Team. We pride ourselves on our transparency at all times with regards to fees billed and fee structures and will provide on request estimates of the overall fees likely to be involved in a vast range of case types.

On 31st January 2013 the standard default terms on which barristers have offered their services for many years were withdrawn by the Bar Standards Board. In line with the majority of other chambers the members of Lincoln House Chambers will be operating under the new standard contractual terms for work received from the date of change.

In the absence of any other agreement these standard terms will govern the relationship between the barrister and those instructing. All existing agreements outside our current standard terms remain in place and are not be affected by this change.

The standard terms can be found here.

We have listed below the various arrangements for fees at Lincoln House Chambers. If you have any queries about fees, whether it is publicly or privately funded, criminal, civil or tribunal work, then please do not hesitate to contact the Clerks in Chambers who will be happy to assist.

Criminal (Crown Court and Magistrates Court) Fees

We adhere to the structure and systems that have been put in place by the Crown Prosecution Service and other prosecuting authorities when acting for the Crown in both the Crown Court and the Magistrates Court.  This includes both “graduated fee” work and Very High Cost Cases (“VHCCs”).

When acting on behalf of defendants who are in receipt of public funding by way of a representation order, we will deal directly with the appropriate Legal Aid Agency Office. It is important to note that once a barrister has been instructed by a client that all fees relating to that barrister are dealt with by Chambers.

The Revised Advocacy Graduated Fee Scheme has come into effect for all cases where a representation order has been granted on or after 30th April 2007. The Graduated Fee Payment Protocol governs payments under the scheme. A link to the Protocol on the Bar Council’s website can be accessed here.

When acting for defendants in VHCCs we will discuss the division of work and task lists with our professional clients. We will either liaise directly with the Legal Aid Agencies Contract Manager or with instructing “case manager” solicitors (in non-panel situations) in regard to the fees of counsel.

Where a case is to be privately funded, we will agree fees prior to any conferences or hearings taking place.  It is only once the fees have been agreed that we are able to accept papers.  If a case is private then the following criteria are taken into account: (a) the seniority and expertise of counsel; (b) the complexity and seriousness of the case; (c) the size of the case, i.e. how many pages of evidence are involved and how many hours preparation will be required; (d) any accommodation or travel expenses that will be incurred; and (e) the length of the case, i.e. number of days that counsel will be in Court.

We are always willing to be flexible in agreeing fees when clients are paying privately.  We can suggest a brief fee and refresher, hourly rates for preparation, conferences and court-time or a lump-sum that incorporates all aspects of the case.

It is worth pointing out at this stage that you must remember to add VAT on to any figure that is quoted.  You will, however, be reminded of this when requesting a quotation.

A fee note will be sent with all papers at the conclusion of the case which will detail how the fees have been put together.  It is important to note that if there are any queries about a fee note then they should be addressed within 14 days of receiving it.

 Criminal (Court of Appeal and House of Lords)

When acting on behalf of defendants who are in receipt of public funding by way of a representation order, we will deal directly with the Higher Court where the case in question was listed.  When acting for the prosecution we adhere to the structure and systems that have been put in place by the Crown Prosecution Service and other prosecuting authorities.

Civil (personal injury, industrial disease etc)

In “fast-track” cases we abide by the standard rates.

In “multi-track” cases we will agree the fees for the hearing as soon as we have received the brief. This must be prior to the hearing taking place. An hourly rate for conferences and paperwork must be agreed with the Clerks. In agreeing fees, the following criteria are considered: (a) the seniority and expertise of counsel; (b) the complexity and seriousness of the case; (c) the size of the case, i.e. how many pages of evidence are involved and how many hours preparation will be required; (d) any accommodation or travel expenses that will be incurred; (e) the length of the case, i.e. number of days that counsel will be in Court; and (f) value of the Claim.

Conditional Fee Agreements (“CFAs”) are accepted by Chambers but are assessed individually.  Terms are negotiated for each case.  The level of fees for hearings, conferences and paperwork is assessed using the criteria as set out above.

Judicial Review

We accept judicial review cases, both privately funded and those funded under Section 7 of the Community Legal Service Funding Code. An hourly rate can be negotiated with the Clerks for the preparation of advices on merits/quantum, statements of facts and grounds and skeleton arguments. A fee can be agreed for the hearing itself.

Tribunal

Chambers undertake work for a number of different Professional Disciplinary groups with set fee structures that have previously been agreed that the majority of Chambers members are happy we are happy to adopt. Any privately funded tribunal work is treated in the same way that we deal with all other privately funded cases.

Immigration cases are accepted for both CLR (Controlled Legal Representation) and privately-paid cases.  Private fees should be referred to the Director of Clerking but we tend to work to a set structure depending on the seniority of Counsel.  An initial conference is usually included within the brief fee and further conferences will be charged at appropriate rates.

Fees for Criminal Injuries Compensation Appeals and Inquests are negotiated separately and take into account the following: (a) the seniority and expertise of counsel; (b) the complexity and seriousness of the case; (c) the size of the case, i.e. how many pages of evidence are involved and how many hours preparation will be required; (d) any accommodation or travel expenses that will be incurred; and (e) the length of the case, i.e. number of days that counsel will be in Court.

 Prison Law

Prison law cases are usually funded under by the Community Legal Service, CDS funding regime. We accept all such cases when funded at the relevant rates, be they parole hearings, recall hearings, adjudications, or the provision of written advice. We will of course also accept such cases on a privately funded basis.

 Fraud

Chambers accept all types of fraud work and we will accept graduated fees, Very High Cost Cases and privately-paid work.

We have great experience in dealing with the Legal Aid Agency in VHCC cases and we are noted for our strength in depth and our ability to offer a wide-range of Barristers in this area.