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10 August 2012 / Michael Cook
Issue: 7526 / Categories: Features , Costs
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Arcane pricing & practices

Michael Cook confronts the ghost of hourly billing

Adam Sampson, the Legal Ombudsman, wrote in The Guardian that for too long lawyers have got away with “arcane pricing and billing practices” (“Lawyers beware: your clients are rebelling”, 6 March 2012). He continued: “Protected by their social status, political power and deliberately obfuscatory language, lawyers have hitherto been able to ignore the notion of customer service…Nowhere is the battle between the traditional view of client and customer more marked than in the notion of pricing…Law firms who seem incapable of working on a fixed costs model for individual clients appear far more willing to do so for insurers and the Legal Services Commission.”

According to the Master of the Rolls, Lord Neuberger, addressing the Association of Costs Lawyers on 11 May: “Hourly billing at best leads to inefficient practices, at worst it rewards and incentivises inefficiency. Moreover, it undermines effective competition in the provision of legal services, as it ‘penalises...well run legal business whose systems and processes enable it to conclude matters rapidly’ (Richard Susskind).

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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