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WHERE HAVE ALL THE COSTS DRAFTSMEN & WOMEN GONE?

Whilst there will be many readers of the journal whose length of service in legal costs would put mine to shame, I doubt anyone has the real answer to the above question?  

However, it is an interesting question, and one that prompts much debate, many answers and few solutions.  

Looking back over 10 years of recruiting costs professionals I recall someone telling me in 1997 that "costs draftsmen are a dying breed".   Maybe this statement was a reaction to the impending Woolf Reforms at the time?  

Needless to say I was a little reluctant to start a career recruiting these professionals, and erred on the side of caution.   With the benefit of hindsight it is safe to say that the person in question was mistaken, and if anything the profession, whilst subjected to a wide variety of changes since 1999, has grown significantly.  

So what has happened over the last few years to raise the question 'where have all the draftsmen & women gone?' 

It is impossible to generalise about the industry as a whole because of the distinct differences in type of costs work available and the requirements of the industry’s clients.  

The increase in PI work and the explosion of high volume contracts available from the world’s insurance giants is possibly an influencing factor.  

The early 2000’s saw a dramatic increase in the number of new negotiating companies, with the lure of large PI contracts to be won.  

All these new companies required negotiators.   They fought competitively for those negotiators with experience already in the market, and where they were unable to fill the roles from existing professionals, they looked to backfill with graduates from a Law background where possible.  

Whilst the need for negotiators was booming, the need for experienced draftsmen was becoming more apparent.  

Was this a reflection of the litigious culture that the UK appears to be pursuing in the footsteps of America?  

Law firms which had previously not recognised the value of a cost professional as an additional fee earner, started to recruit for in-house roles.  

The requirements for both civil and criminal costs professionals grew, and like most scenarios where supply and demand becomes an influencing factor - the premium on professionals followed shortly.  

So, having deduced that the answer to our question is a result of supply and demand – what else should we consider?  

How many people have left school or considered a career change and thought – I want to be a Costs Draftsman?  

Legal costs appears to be one of those professions that you fall into, and when I was introduced to the profession in my early 20’s it is fair to say that I met few   in the industry that could make claim to a post 1970 birth date.  

It is possible that historically, the number of new recruits to the profession has not outweighed those experienced professionals who are retiring.  

As a result, are we at the stage where the skill gap between those new to the profession and those who are leaving is too great?  

One thing is for sure; the costs profession is as buoyant as ever, and the need for experienced costs professionals is on the increase.  

The growing commercial enterprise of Costs Consultancies, Negotiating firms and Law firms, and the growing need for the services of costs professionals, is influencing the market heavily.  

The reality is, like most things – if you can’t find an answer – find a solution.  

Author: David Sparkes

Published in: ALCD Journal (Association of Law Costs Draftsmen)

Dated: October 2006 

The opinions and views expressed in this article are solely those of the author.   The author accepts no liability for error, omission or misstatement contained within the article.

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