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13 September 2007 / Barbara Hewson
Issue: 7288 / Categories: Features , Procedure & practice , Profession
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Paying up

Do solicitors still have to pay counsel under the new code of conduct? Barbara Hewson investigates

On 1 July 2007, the new Solicitors’ Code of Conduct came into force. Ordinarily, the Bar does not take much interest in how solicitors govern themselves, but on this occasion the Bar has something to worry about. The new code has quietly dropped r 20.06, which provided: “Except in legal aid cases, solicitors are personally liable as a matter of professional conduct for the payment of counsel’s proper fees, whether or not they have been placed in funds by the client.”

According to the Solicitors Regulation Authority (SRA):

“The Regulation Review Working Party undertook detailed research on the principles of professional conduct and decided that it was not necessary for the new Code to contain such a provision.”

It does not seem to have occurred to anyone that, by not taking account of the basis on which solicitors engage barristers in England and Wales, the new code is deficient, as it potentially places the solicitors’ branch of the legal profession and their clients at risk. It is remarkable

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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