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Section 25: Costs transparency
Proposal 52
Rules should be adopted requiring solicitors and barristers (i) to disclose to their clients full
information as to the basis on which they will be charged fees; (ii) to provide them with the
best available estimates as to the amount of fees they are likely to be charged for the
litigation in question, by reference to stages of the proceedings and overall (in the case of
barristers, assuming that they continue to be instructed by the solicitors in the case); and (iii)
to update or revise such information and estimates as and when they may change, with
reasons given for any such changes.
Solicitors should be obliged to provide their clients with (i) full information as to the basis
on which fees and
disbursements (including any barristers' fees) will be charged; (ii) their
best estimates of the costs to cover various stages of the litigation process; and (iii) updated
or revised information and estimates as and when the circumstances require, with reasons for
any such changes.
Barristers should be obliged, upon request,
to provide to their clients, via the solicitors (i)
full information as to the basis on which their fees will be charged; (ii) their best estimates of
the fees they would be likely to charge for specified stages of the litigation process; and (iii)
updated or revised information and estimates as and when the circumstances require, with
reasons for any such changes.
There should be further consultation as to the manner in which Recommendations 123 and
124 should be implemented.
Proposal 53
Steps should be taken, including the promotion of legislation if necessary, to ensure that the
public is given access to information regarding barristers and solicitors relevant to a choice
of legal representation in connection with litigation or possible litigation, including
information concerning fees, expertise and experience to be made available by the
professional associations concerned or in some other appropriate manner.
There should be further consultation by the Chief Justice as to whether rules should be
introduced to permit publication by barristers of information relating to their fees.
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