Transfer of solicitor

In terms of paragraph 18 of the Notes on the operation of Schedule 1A, where agency is transferred from one solicitor to another:

  • the fee for a block of work commenced and completed by the same solicitor is payable to that solicitor
  • the fee for a block of work commenced by one solicitor but completed by another is to be apportioned equally between the solicitors who undertook work falling within that block.

No fee can therefore be paid to the transferring solicitor for a block of work not completed at the point of transfer unless and until the remaining work of that block is completed.

Similarly, no fee is payable to the transferee solicitor in respect of the perusal of any documentation that has already been made available and perused by the transferring solicitor where:

  • the transfer takes place post-conviction
  • the work is in relation to confiscation proceedings, and
  • the work is covered under any existing grant of criminal legal aid.

Mindful that the perusal charges in a case cannot be determined until the case concludes no perusal charges can be allowed in a case until we can establish what preparation fee is payable in the case.

Where there is a transfer of solicitor our approach will be to apportion equally the perusal volume which is included in the preparation fee. For example, in any case where there had been a transfer and two solicitors are entitled to payment we will expect each solicitor to deduct:-

  • 25 sheets/minutes from the total perusal claimed where the case proceeds to trial or is disposed by any other means; or
  • 500 sheets/minutes from the total perusal claimed where the case is disposed of by way of s76 hearing.

Given that certain block fees are payable for “all work” (and can only be paid once in any case) related to the case we will be unable to determine what proportion, if any, of the fee is payable prior to the conclusion of that block of work.

In order to calculate what fee is payable we must be able to determine:

  • the number of solicitors who have done work during that block; and
  • whether the block has actually concluded.

Where a block fee has been claimed and disallowed as a result of a transfer the assessment officer responsible for assessing the final (solicitor who has concluded the case) account will establish what payments are due to all solicitors in the case and make payment of the appropriate sum that is due.