Disciplinary outcomes

When are disciplinary sanctions imposed?

Regulated Costs Lawyers are required to uphold principles of professional conduct and comply with regulatory rules. These rules can be found in the Costs Lawyer Handbook, which includes the Costs Lawyer Code of Conduct.

If CLSB receives information suggesting that a Costs Lawyer’s conduct has fallen below the expected standard, we will carry out an investigation. If, following that investigation, we find that a Costs Lawyer has breached the rules, a disciplinary sanction can be imposed.

Some cases require further consideration. These include particularly complex cases, cases involving serious breaches and contentious cases where a Costs Lawyer doesn’t agree with the outcome of the investigation. These cases will be considered by a CLSB Conduct Committee or Conduct Appeal Committee. The Committees are appointed in accordance with our Panel Member Appointment Policy and Code of Conduct.

What disciplinary sanctions are available to the CLSB?

Disciplinary sanctions that can be imposed for a breach of our rules include:

• A warning letter, describing conduct that the Costs Lawyer must cease or not repeat in future
• A written undertaking, setting out how the Costs Lawyer agrees to behave going forward
• Suspension or revocation of the Costs Lawyer’s practising certificate (including on an interim basis)
• Imposition of conditions on the Costs Lawyer’s practising certificate
• A financial penalty

Costs Lawyers who are found to have breached the rules must also pay a contribution toward the CLSB’s costs of dealing with the case. This is intended to ensure that compliant practitioners don’t bear the whole financial burden of non-compliance by others.

A Costs Lawyer whose conduct breaches the rules of another regulator will be reported to that regulator. Unlawful behaviour can also be reported to the police.

What is the process for imposing disciplinary sanctions?

The process for considering whether a Costs Lawyer’s conduct breaches our rules and for imposing disciplinary sanctions can be found in our Disciplinary Rules and Procedures.

Our Policy statement on enforcement and sanctions provides further information about our enforcement priorities, as well as mitigating and aggravating factors that we will take into account in deciding what sanctions to impose.

The legal regulators, including the CLSB, have also committed to tackling counter-inclusive misconduct through their disciplinary processes.

How do I know if there is a disciplinary outcome against a Costs Lawyer?

If we find that a Costs Lawyer has breached our rules, the disciplinary outcome will usually be published. The published disciplinary outcome will include the nature of the breach as well as the disciplinary sanction (or sanctions) imposed.

The fact that there has been a disciplinary outcome will be noted against the Costs Lawyer’s name on the Register of Costs Lawyers, under the field “conditions on practising”. A further description of the disciplinary outcome will appear on this webpage under the heading below.

Publication is made in accordance with our Policy statement on publication of disciplinary decisions.

Record of disciplinary sanctions