COSTS LAWYERS SURVEY NOVEMBER 2021

The ACL is carrying out its regular survey to gauge members’ views about a range of issues. The results will appear in the Costs Lawyer magazine/weekly eBulletin, and may also be used in our publicity.

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* 1. Over the past 12 months, have solicitors got better at sticking to their budgets?

Yes

No – they always go over

No – they sometimes go over

Don’t know

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* 2. Since the introduction of rule 3.15A last year, has the number of applications to vary budgets…?

Increased

Stayed the same

Never seen one

Don’t know

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* 3. Is it time to make budgeting mandatory for cases worth more than £10m?

Yes

Don't know

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* 4. Following the comments of Master Davidson in the summer, do you think costs management controls costs better than detailed assessment?

Yes

Some of the time

Don't know

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* 5. How are you getting on with new bill format? (Tick all that apply)

Covid-19 has accelerated the move to everything electronic

I’m used to it now and it’s a good thing

I’m used to it now and it’s made no improvement

The problem is solicitors’ time recording

Solicitors have asked us to sort it all out

Solicitors are getting the hang of it now

Don’t know

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* 6. What has the judiciary’s reaction been?

Keen to use the bill

They still haven’t had the training/technology required

They prefer to waive the use of the bill

Don’t know

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* 7. Has the electronic bill increased the costs of detailed assessment?

Yes

Don’t know

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* 8. What has been the impact of Covid-19 on your practice? (tick all that apply)

I am busier than ever

Work has dropped off

It hasn’t made much difference

Clients are paying fees more slowly

We’ve had to recruit to keep up

I’m worried about losing my job

I lost my job

I worked from home anyway so it’s made little difference

Work from home has become permanent

Supervising colleagues at home has been a problem

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* 9. What is your experience of remote hearings? (Tick all that apply)

It's the future - there's no need to go back to in-person hearings

They work fine for procedural matters but not final hearings

I've found it hard to adapt to the different advocacy techniques required

It's much harder to 'read the room' and tailor arguments accordingly

It’s pushed clients towards ADR

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* 10. Are you seeing greater interest in mediation to resolve costs disputes?

Yes

About the same

Never been involved in one

Don’t know

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* 11. Are you seeing an increase in solicitor/own client challenges?

Yes

Don’t know

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* 12. Do you agree with the Senior Costs Judge that a review of part 3 of the Solicitors Act 1974 is urgently required?

Yes

Don't know

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* 13. What would be the impact on your practice of fixed costs for most money cases worth up to £100,000, as the government is planning to introduce?

It won't make much difference

I will lose some work but will survive

This will take out a large part of my practice

Don't know