Concerns grow over changes to bill disputes

John McQuater, executive committee member of the Association of Personal Injury Lawyers (APIL), highlighted the need for reform in how solicitors bill clients while cautioning against the proposed switch, stating “The Civil Justice Council (CJC) wants to simplify the way in which solicitors bill their clients, which is long overdue given how much the legal system has changed in the last 50 years.” He added, “But we have reservations about the proposal to hand over the job of settling bill complaints to the Legal Ombudsman, which is consumer focused and not set up for handling this type of complaint, nor has the appropriate experience.” 

McQuater expressed concerns about the Ombudsman's current capacity, noting, “Our members have told us they are concerned that the ombudsman does not currently have the capacity or resources needed to take on this extra work.” He warned that the existing court process discourages unmeritorious complaints since “if a client challenges a bill and it is not reduced by at least 20 per cent, then the client is responsible for the cost of the court’s assessment,” whereas, “if the ombudsman does not have the same provision there is a real risk of opening the floodgates to frivolous challenges to legitimate solicitors’ bills.” Emphasising the lack of justification for change, he concluded, “Furthermore, there’s no data suggesting a large number of clients are dissatisfied with the way bill complaints are dealt with at present. Careful consideration needs to be given to this proposal.”