Perusal charges

Documents exceeding 12 sheets (excluding automatic legal aid)

Perusal is based on the number of sheets necessarily considered.  A “sheet” is defined as consisting of 250 words or numbers.

Where a document perused consists of more than 12 sheets, a reasonable time charge is applicable.

General rules:

• Your perusal is the initial reading, digesting and noting on a document on the first occasion. A claim cannot be made in respect of such work every time the solicitor seeks to return to that document.
• A structured approach should be adopted to avoid unnecessary duplication where there are a number of individuals concerned;
• You should not charge separate perusal if the document is perused and discussed at a meeting. This is covered by the time charge of the meeting;
• There is no standard level of perusal and it is not acceptable to apply a broad formula based on a number of sheets per hour. This is not in accordance with the regulations and is not, under any circumstances, an acceptable method of charging.
• Where it is necessary to peruse documentation received within a bundle of papers e.g. as part of an Inventory of Productions, panel hearing reports, financial records, medical records, social work records or prison records etc. for charging purposes this is treated as a single document and you should charge a time-based charge.

Example

Solicitor(JDM) engaged from X.XX to Y.YY perusing inventory of productions consisting of 6 productions, 27 sheets:

Production 1 – 10 sheets

Production 2 – 11 sheets

Production 3 – 1 sheets

Production 4 – 3 sheets

Production 5 – 1 sheet

Production 6 – 1 sheet

As the inventory of productions totals 27 sheets, the actual time engaged should be charged.  We will then consider the reasonableness of the time.

It is not appropriate to charge this as 6 distinct perusal charges of less than 12 sheets, resulting in a total charge which will exceed the appropriate charge for the time engaged.

In considering the reasonableness of any time charged, a narrative should be provided detailing:-

• The date on which the work is carried out;
• Clear reference to the document or production number being perused;
• The length and nature of the document;
• The name and status (qualified or unqualified) of the individual carrying out the work
• The relevance of the document to your client’s case;
• Any other factors which may contribute to the time spent.

Documents less than 12 sheets (excluding automatic legal aid and ABWOR)

Perusing a document (other than a letter) consisting of not more than 12 sheets is chargeable on a 2 sheet basis.

Documents of any length in automatic legal aid and ABWOR.

Perusal of all documents is at the rate prescribed at paragraph 2 of Schedule 3.

Background material

With consideration of background material, you should supply a narrative as to why you needed to familiarise yourself with information to justify the time engaged.

For example, in a case where an expert is employed, justification must be provided to support an additional charge by you, as solicitor, for considering background material relating to the matter for which the expert has been instructed.

In cases involving counsel, justification must also be provided to support an additional charge by you where counsel would be expected to consider the same background documentation.

Documentation received from your client

Every effort should be made to establish that the material from your client is relevant to the case.  You must detail why you required to familiarise yourself with the material and what impact it had on the representation.

Incoming letters

The perusal of incoming letters is not chargeable.  However, you can charge for perusing correspondence addressed to your client or another party in connection with the proceedings.

Perusal involving nominated solicitor and Edinburgh agent

Where a case involves a nominated solicitor and Edinburgh agent, and both consider it necessary to peruse the same document, a full perusal charge shall be claimed by the one agent and a half charge by the other.

Where a document is framed by one solicitor and subsequently perused by the other, the perusal again attracts a half charge.

Revisal of papers drawn by counsel

A revisal fee is applicable for considering papers drawn by counsel [paragraph 5(b) of Schedule 5; and paragraph 4(iv) of Part 1, Schedule 3 (automatic legal aid)].

Perusal of legal aid certificate

Where legal aid is made available by us, you shall be notified.   You should be aware when a certificate has been granted and as such no fee is payable.

The only exception to this is where a certificate has been issued erroneously by us, and in those circumstances we will consider an appropriate charge.

Perusal of papers in relation to an opposed application by the Reporter to a sheriff for further extension or variation of an Interim Compulsory Supervision Order (ICSO)

Prior to attending at a hearing in relation to an application to a sheriff for extension or variation of an ICSO, it is not unusual for papers to be received from the Reporter.  These very often duplicate earlier papers, and only a charge for perusing new papers will be considered reasonable.  In such circumstances, a minimum sheetage based perusal claim is chargeable.

Example

07.03.2018 – Perusing ICSO papers (9 sheets)

28.03.2018 – Perusing ICSO papers (9 sheets)

18.04.2018 – Perusing ICSO papers (9 sheets)

The initial perusal of the first ICSO papers may be charged in full.  Perusal of the subsequent papers for subsequent hearings will only attract a charge for those pages that contain fresh information.

It is not appropriate to consider each set of papers as being distinct where the content broadly mirrors that of the previous papers.  We will request that you highlight the differences between each document and / or submit the relevant documents for consideration.

Photographs and images

A photograph / image is not a “document” consisting of words and numbers. Therefore, a reasonable time charge will be considered in all the circumstances.

In considering the reasonableness of any time charged, a narrative should be provided detailing:

• The date on which the work is carried out.
• The number and nature of the photograph(s)/image(s).
• The name and status (qualified or unqualified) of the individual carrying out the work.
• The relevance of the photograph(s)/image(s) to your client’s case.
• Any other factors which may contribute to the time spent.

Please note, you do not require to be submit the photographs/images if the account contains sufficient detail.  However, these will be requested in the event that we require sight of these to justify a charge.

DVDs etc

DVD/CCTV footage, or CD/tape etc. are not “documents” consisting of words and numbers. Therefore, a reasonable time charge will be considered in all the circumstances.

In considering the reasonableness of any time charged, a narrative should be provided detailing:

• The date on which the work is carried out.
• The duration and nature of the DVD etc.
• The name and status (qualified or unqualified) of the individual carrying out the work.
• The relevance of the DVD etc. to your client’s case.
• Any other factors which may contribute to the time spent.

Please note, you do not require to be submit the DVD if the account contains sufficient detail.  However, it will be requested in the event that we require sight of it to justify a charge.