The Question – What is a Law Costs Draftsman?
To the legal practitioner, this may seem to be an almost facile question with a very obvious answer; not necessarily so however to those outside of the legal profession. I graduated in Law more than 40 years ago, and at that time I had no idea what a Costs Draftsman was; the same appeared to be true of my contemporaries. No reference was made in our studies to this aspect of the law. To be truthful, I had not even heard of the term ‘Law Costs Draftsman’; this all changed when I saw an advert for a Trainee Law Costs Draftsman, not realizing at the time that this was a field that I would be involved in for the next 35 years.
The Simple Answer
In English law, a Law Costs Draftsman is a specialist lawyer who deals with the legal costs arising from a Court case or legal process. In 1977 the Association of Law Costs Draftsman (ALCD) was formed, and more recently this has become the Association of Costs Lawyers (ACL). This body oversees the profession. Costs Lawyers and Costs Draftsmen essentially do the same job, though Costs Lawyers have wider rights of audience.
Information Sources
As with any specialism, practitioners have inevitably had recourse to a reliable ‘bible’, and historically this was invariably the two very bulky volumes of ‘Butterworths’ (not exactly ‘bed time’ reading!). Subsequent alternative incarnations over the years have included Greenslade, Cook on Costs and (of course) the huge library that is the internet! The subject is now very well resourced, but there is no diminution in its complexity.
The Range of Tasks for a Law Costs Draftsman
Broadly speaking, there are contentious (as in legal aid and inter partes) and non-contentious costs (as in probate and conveyancing). It is the former with which the Law Costs Draftsman is most typically concerned. The modern-day Law Costs Draftsman has an ever-burgeoning itinerary of tasks, too numerous to mention, but they include:
- Bills & schedules for assessment by the Court
- Preparation of costs budgets
- advice on costs budgets prepared by opposing party
- points of dispute and replies
- legal aid CCMS bills for submission to LAA
- mediating/arbitrating in costs disputes
- advocacy
Why Engage a Law Costs Draftsman?
More often than not a solicitor simply does not have the time to deal with legal costs, and the emphasis of their particular specialism and experience is not always best suited to dealing with them. Yet the effective recovery of outstanding costs is the very life blood of any successful and prosperous law firm.
‘A Lawyer’s time and advice are his stock in trade’ – Abraham Lincoln
A Definitive Conclusion?
Defining a Law Costs Draftsman – indeed defining anyone – is an infinitely difficult and very wide-ranging task, and well beyond the remit of any well-meaning blog. Averring to the purpose, complexity, and tasks of the role gives us a flavour, but no more than that. Ultimately it is our hope that a Law Costs Draftsman will always provide a service of the highest quality, a helping hand and, above all, be a friend. For me, that is what a Costs Draftsman should be.
