Members will have received a link to a revised protocol governing instructions to barristers in magistrates’ court cases funded by legal aid. This is not new but the associations
recognised the need to modernise the 2001 edition, given changes to practice in the intervening years.
We think the terms are fair to both parties and encourage prompt payment of counsel to ensure junior members of the profession can be sustained at the beginning of their careers.
The terms also make it clear what solicitors require from counsel when reporting outcomes. Parties are of course free to negotiate different terms upon instruction of counsel. We would envisage that clerks and solicitors who want to use it will simply indicate
at the point of instruction that they wish to proceed according to the Protocol.
Kind regards,
Mark Troman
Junior-Vice President
LCCSA