“From an instructing solicitor’s point of view, if such cancellation fees are sought from barristers, it would be prudent for the solicitor to require the client to enter into a separate agreement direct with the barrister or alternatively require the barrister to indemnify the solicitor against any repayment of fees…should the cancellation fee be challenged.”

The importance of understanding Counsel’s costs agreement and the implications to solicitors and their clients cannot be over emphasized. A common term in barrister fee agreements are claims for cancellation fees which can amount to claims by the barrister for considerable amounts of money when they have done nothing. Curiously, learned solicitors who are trained…