Newsletter – September 2024

From the CEO

Do you have clients in Wales? Is all or part of your business located in Wales? Do you act in court proceedings in Wales? Are you interested in expanding into the Welsh market? If your answer to any of these questions is “yes”, or if you’re otherwise interested in costs law in Wales, we invite you to join us for an online roundtable on 14 October to explore the Welsh costs law landscape.

The aim of the roundtable is to understand the opportunities and challenges of the Welsh legal market, particularly areas in which the CLSB, Welsh Government and the Association of Costs Lawyers could collaborate to support the regulated costs profession in Wales. It will also contribute to wider efforts to support the legal professions and consumers of legal services in Wales.

Areas for discussion will include:

  • Opportunities and barriers for Costs Lawyers working in Wales or cross-border between Wales and England.
  • Opportunities to raise awareness of the Costs Lawyer career option among aspiring Welsh lawyers.
  • Any barriers to qualification or progression for Welsh Costs Lawyers.
  • Divergence between Welsh and English law with regards to legal costs, and what this might mean for qualifying examinations, continuing competence for Costs Lawyers, and everyday costs law practice.
  • How Costs Lawyers with legal aid expertise could assist with addressing unmet legal need relating to costs in Wales, for example through greater use of technology.
  • Recommendations for actions that the CLSB, Welsh Government, ACL and others could take to support regulated Costs Lawyers in Wales.

The roundtable will take place online on Monday 14 October at 2pm. If you would like to join, please contact [email protected]. We value your insight.

Kate Wellington

CEO

Regulatory News

Use our Client Survey at the end of each matter

The CLSB’s Client Survey has recently been updated. The short online survey allows clients to provide generic feedback anonymously without naming their Costs Lawyer. This feedback helps us understand clients’ experience of using a Costs Lawyer, and improve outcomes for future clients.

Please send a link to the Client Survey to all of your clients on the conclusion of instructions, encouraging them to complete it to help us improve standards, identify best practice and promote good outcomes for clients of Costs Lawyers.

New resources on reporting ethical issues

Our Ethics Hub contains new resources for Costs Lawyers on reporting ethical and regulatory issues. The resources will help you consider whether you need to report an issue and decide when and how to make a report.

The resources cover situations in which you have an obligation to contact us, including making disclosures under the Practising Rules and informing us about regulatory breaches, whether by you or someone else. They also cover your obligations to make reports to other regulatory bodies.

Register for our Costs in Wales roundtable

The CLSB is hosting an online roundtable to discuss the regulated costs law landscape in Wales on Monday 14 October at 2pm. Costs Lawyers practising in Wales, or with an interest in costs in Wales, are invited to join.

The roundtable is being hosted in collaboration with the Welsh Government and the Association of Costs Lawyers. For more information, please see the message from the CEO at the top of this newsletter. If you would like to join the discussion, contact [email protected] to register in advance.

Costs Lawyers needed for the Pro Bono Expert Support Project

A new opportunity is available for Costs Lawyers to volunteer their expertise through the Pro Bono Expert Support Project, which is seeking Costs Lawyers to help obtain pro bono costs orders.

The service, offered by the National Pro Bono Centre and Pro Bono Connect, was set up last year to partner experts in fields such as forensic accountancy, investigations and case presentation with lawyers to ensure the full spectrum of modern litigation services are available to people requiring them to secure justice. It is now being expanded to cover costs expertise. To join, email [email protected].

Lessons from the 2024 audit of complaints procedures

To improve the quality of Costs Lawyers’ complaints procedures, the CLSB carries out an annual audit as part of its wider supervision programme. In 2024, we looked at complaints procedures used by 17 costs firms or sole practitioners to check whether they met the requirements in our guidance. Take a look at our ”lessons learned” webpage to make sure you avoid common pitfalls.

Common mistakes included out of date contact details for the CLSB or the Legal Ombudsman; missing information; confusing the role of the CLSB and ACL; and using out of date guidance. Use our ”lessons learned” webpage, in conjunction with the model complaints procedure in the guidance, to ensure your complaints procedure meets the requirements.

Fair and transparent complaints procedures give your clients justified confidence that any complaints will be handled appropriately.

Free LawCare webinars in October

For World Mental Health Day, LawCare is offering two free online webinars. The first session, on 8 October, will look at managing workplace relationships for better mental health. The second, on 10 October, will cover how workplace culture affects mental health in legal support roles. The webinars will qualify for CPD points if they are relevant to your CPD objectives for this year.

You can sign up here for the event on 8 October and here for the event on 10 October. We encourage you to share information about the 10 October session with your colleagues in legal support roles, such as business services, HR, knowledge support and risk management.

Spotlight on… making pro bono costs count

In this newsletter, we turn our spotlight on the positive impact that Costs Lawyers can have by seeking pro bono costs orders. Davina Patel, Senior Development Officer at The Access to Justice Foundation, explains the power of pro bono costs and how Costs Lawyers can help.

“Solicitors and barristers working on a pro bono basis can maximise their impact by applying for a pro bono costs order in a civil court or tribunal or including pro bono costs in a settlement agreement. And Costs Lawyers have an important role in helping to achieve this outcome.”

Read More

Up and Coming…

Expect more from us shortly on:

  • Getting ready to renew your practising certificate
  • More new resources in the Ethics Hub
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