Tony Girling concludes by peering into his crystal ball for signs of the impact on costs professionals of the recent consultation paper on the claims process; especially the expansion of fixed and predictable costs. Andy also gets to ask the question he always wants to ask at costs conferences – and receives some reassurance.
In PodCost 2 Alex Hutton sounded a warning about the enforceability of discounted rate CFAs that also contain a success fee. As predicted, Tony Girling fights his corner on the efficacy of such agreements – provided they are drafted properly!
Whilst it has been fairly quiet in recent months on funding issues, Tony Girling has spotted that there is a growing interest since Arkin v Borchard Lines in the hedging of litigation risk through third party funding
The new Code renders mandatory what was previously exhortatory. Tony Girling takes a hard look at the implications.
In a related discussion Tony considers whether paying parties on detailed assessment will look to reprise the arguments in Garbutt v Edwards.
The trio of PodCost recordings on costs information concludes with a warning against assuming that sophisticated clients can be left to request costs updates. Tony highlights the recent decision of Master Rogers in Mastercigars v Withers (transcript available on Lawtel)
Rule 9 of the new Code deals with referral fees – including the disclosure to the client of the amount of the fees. Tony Girling discusses the new requirements and how they might be perceived by clients.
Conflict of interests has been largely redefined (and to an extent relaxed) within Rule 3 of the new Code. Tony Girling explains the changes and the requirements for the construction and maintenance of “information barriers” under Rule 4.
Tony Girling discusses client care requirements of the new Code. These include the need to set out your understanding of the client’s objectives at the outset and the various options available to achive those objectives – easier perhaps with contemplated litigation than with non-contentious work.
Rule 5 of the new Code deals with business management. Who is qualified to supervise? Tony Girling has the answers
The new Code comes into force on 1 July 2007. Tony Girling explains the background, the new terminology and key changes to existing practice.
With the new Solicitors’ Code of Conduct about to come into force, what better time to interview Tony Girling, former President of the Law Society, and widely respected trainer and commentator on law firm management, client care issues, costs and funding.
Andy caught up with Tony at the Cafe Royal on Monday 18th June 2007. PodCost 3 takes the form of essential guidance on the new code.
