Fees relating to legal advice and representation on civil and criminal cases vary depending on factors such as the seniority of the barrister, type and complexity of the case, the other side’s approach, and the time required to complete the matter.

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The following are the types of fees that are commonly accepted by Chambers for privately paid advice and representation:

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Brief fee and refresher

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A brief fee is a fixed fee that covers preparation for a trial and the first day. A refresher is a fixed fee for each subsequent day of the trial (which includes ongoing preparation).

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Conditional fee agreement

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A client will only pay for work undertaken if they receive compensation as a result of the proceedings. Conditional fee agreements are often referred to as no win no fee agreements.

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Fixed fee

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Fortitude Chambers will charge a client a set amount of money for work. This removes the anxiety of not knowing how long the work might take and therefore the cost. However, by charging on a fixed fee basis we will be taking on the risk that the work may take longer than expected, and so may charge a higher fee to compensate for this. There may also be circumstances where additional fees are charged, these circumstances will be clearly set out in any fixed fee agreement that we reach with a client.

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Hourly rate

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Fortitude Chambers offers the option of charging a client for each hour worked. The setting of hourly rates is not necessarily straightforward, and a number of factors may determine the rate that we choose to set; for example, the complexity of the instructions, the difficulty or novelty of the questions raised, the seniority of the instructed barrister, the type of client, the urgency or otherwise of the work required and the other commitments of the instructed barrister. 

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The basis on which fees are calculated

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Barristers most often charge on the following basis for the following areas of work:

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• Court of protection: These cases are split between being legally aided and privately funded. The rates at which a barrister is paid for legally-aided work are set by the Legal Aid Agency. In privately-funded cases, some will be charged an agreed fixed fee, but most will be calculated the on basis of an hourly rate or as a fixed fee.

• Crime: The majority of criminal cases are legally-aided and the fees are set by the Legal Aid Agency. Fees for those cases not attracting legal aid will charge at either a fixed rate or calculated on the basis of an hourly rate. 

• Employment and Professional Disciplinary: Fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee.

• Immigration: In the majority of cases, fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee. 

• Inquests: Fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee.

• Personal Injury: In the majority of cases, fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee. 

• Public law and planning: In the majority of cases, fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee. 

• Regulatory: Fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee.

• General common law: Fees for all work, advisory, drafting and representation in this area are most usually calculated on the basis of an hourly rate or as a fixed fee.

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All fees are charged exclusive of VAT.

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Factors that may increase fees in a case

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In all privately funded cases, whether accepted on the basis of a fixed fee or hourly rate there are factors that increase the amount of work involved and the fees charged.

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Some of the influencing factors include:

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• The seniority of barrister instructed on your case. More experienced barristers are likely to charge a higher level of fees than a more junior, less experienced barrister;

• The volume of papers involved and/or the complexity of the factual and legal issues involved;

• Urgency. Work required within short timescales which may require the barrister to prioritise a case over others, and to work out of normal working hours will usually incur higher levels of fees;

• Case significance. Cases of particularly high-profile in terms of consequence, impact and also those with media interest may require a high level of fees;

• The length of time the barrister is required at court; and

• The amount of travel time required for the barrister to attend court and any case conferences.

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Chambers will always discuss the likely level of fees required in each case. Should you be concerned about the level of fees that may be involved in your case please speak to Chambers at the earliest opportunity.

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We will always aim to inform you if a barrister is required to carry out more work on the case than originally estimated, and will then revise the fees accordingly. Please note that the most accurate fees can be quoted if full details are given to Chambers when you are first instructing one of our barristers.

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Timescales can vary significantly from case to case. They are affected by such things as the type and complexity of the matter, and also the availability of the barrister. We will always provide an estimate of timescales and it is important that Chambers are informed at the time of enquiry of any relevant time limits and deadlines.

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