The Association of Law Costs Draftsmen was founded in 1977 with the object of promoting the status and interests of the profession of Law Costs Draftsmen generally and of ensuring maintenance of the highest professional standards. Over the years the Association has developed into a substantial organisation, truly representative of the profession, and is acknowledged as such by the wider legal profession, with Fellows of the Association recognised as “costs experts” in the Civil Procedure Rules.

The ALCD is represented upon many committees and national decision-making bodies relating to costs. Recent years have seen the reorganisation and expansion of our training courses, the introduction of CPD, the welcoming of Associate Members onto Council and provision of further assistance to Members such as a Business Support Helpline, as well as opportunity to exchange information and ideas with other Members over the internet.

Most recently the DCA has decided to grant the Association authorised body status. Once this has been formally ratified through parliament, it will give Fellows of the Association rights of audience and the right to conduct litigation in respect of costs issues. This will further enhance the status and reputation of those who have qualified as Fellows of the Association.

What are Law Costs Draftsmen?

Law Costs Draftsmen are concerned with all aspects of solicitor’s costs which are controlled by statute. The rules governing matters surrounding the delivery and form of solicitor’s bills have been modified over the years by case law – judicial decisions interpreting the rules.

A draftsman’s job is to maximise costs recovery for a receiving party and to minimise costs liability for a paying party. As well as a detailed knowledge of the various and extensive costs regulations, the draftsman also has to keep up to date with recent costs cases of which there have been many, particularly over the few years since the introduction of the Civil Procedure Rules.

A Law Costs Draftsman may become concerned with all areas of the law and deal with every conceivable type of legal matter that passes through a solicitor’s hands. Whilst not concerned with law primarily, the draftsman must acquire knowledge of law and, particularly, procedure to enable him to deal with the files passing through his hands.

The three main areas in which Law Costs Draftsmen may become involved are:

1. Solicitor and client costs: these are costs payable by a client to his own solicitor. Different rules apply to the costs where court proceedings have been commenced, known as contentious business, to those applicable to non-contentious matters such as conveyancing, probate and general advice. A client who is unhappy with his solicitor’s bill has remedies available if he wishes to challenge it which could lead to an application to the Court for the bill to be assessed. A law costs draftsman may be instructed to prepare a detailed bill of costs for lodging at court, to advise on procedure and, subsequently, if instructed by a solicitor, to argue in support or to oppose the bill.

2. Public Funded (legal aid) costs: where a solicitor is representing a publicly-funded client, a detailed bill is usually required to be assessed either by the court or the Legal Services Commission before payment can be made out of the community legal fund to the solicitor. Whilst such bills are usually assessed without any formal hearing, if an amount has been disallowed in respect of which the solicitor wishes to object, an appointment can be obtained and the matter argued at a hearing. A law costs draftsman will usually be instructed at each stage. In criminal cases, the objections to an amount disallowed are usually made in writing and, often, a costs draftsman will be instructed to prepare the written submissions.

3. Costs payable between parties: the loser of a legal case is usually ordered to pay the winner’s costs and, if those costs cannot be agreed, a detailed bill is prepared and served. The paying party then has to serve a schedule of points of those items in the bill he wishes to dispute before the bill is lodged at court and a detailed assessment hearing takes place at which the points are argued and a decision made by the court. A Law Costs Draftsman will usually be involved in all the necessary procedural steps for either party and can also be involved in preparing case budgets.

Membership

Membership of the Association is open to men and women over the age of 18 years who are employed predominantly in a practice of legal costs. They must have achieved not less than four passes at “C” grade or higher in GCSE core subjects, or the equivalent “O” levels, which must include English and Maths. Ideally, students should be employed by a fellow or associate of the Association or be in the employ of a solicitor or a central or local government authority legal department, but each application is treated on its merits.

Further information

The Association maintains its own web-site at www.alcd.org.uk which has up-to-date news, views, a list of members and a (members only) forum in which members may raise and answer queries about costs problems. Full details of the Association’ bye-laws and code of conduct can also to be found there. A regular Journal keeps members up to date with trends in practice, rules and law relating to the assessment of costs and general information.

Back to Business Directory Homepage