An inside view of the Legal profession – Part 2

Last week I gave a general view of the expenses that a new Lawyer could incur with the setting up of a law firm or chambers. I will in this article expand on some areas that I merely touched on and other issues which impact on the expenses of the new generation Lawyers.{{more}} Besides the aforementioned expenses, the Lawyer must pay a professional license of $950.00 each year. This was recently increased from $750.00, and is paid by lawyers who are in private practice.

The need to update

Those who are in the practice of law must constantly update. Wildy and Sons Ltd. in England frequently sends its list of new books to Lawyers and no lawyer who is interested in providing quality service can resist the books on relevant issues.

Starting point

Matters that have to be adjudicated in court require the Lawyer’s presence. The fledgling Lawyer often starts his or her career in the Magistrate’s court representing clients in criminal or civil matters. Only a cost of $50 could be retrieved from the civil court when the actual cost for the Lawyer could be quite significant, especially if the matter is heard in an outlying district such as Georgetown. There could be many adjournments for good reasons, and these could increase costs.

Many sessions in court

Where a matter, for instance, is to retrieve money for arrears in rent and where the defendant refuses to pay, there could be many sessions in court. The difficulty could start with the inability of the bailiff to serve the person because it is not unusual for persons to be difficult to locate. After the matter is heard and judgment is given, another problem could develop if the defendant refuses to pay. Thereafter, the Lawyer must go back to court for a Judgment Debtors Summons. If it fails to produce the required result, there would be later applications for the Committal Summons, and then the Warrant for Committal. Most often it is not until the stage of committal that the defendant decides to pay. If for instance, a fee of $600.00 dollars is charged and there are about three or more trips to Georgetown, it could be costly for the lawyer.

Collection or non-collection of fees

Another problem might arise for the Lawyer who may not be able to collect his fees. Many defendants, after promising to pay, may afterwards claim that they are indigent and cannot pay. They also claim inability to pay because of the economic situation. Although there is a legal aid clinic operated by the Bar Association, there are also Lawyers who provide pro bono work for indigent clients in their chambers. However, in order to avoid embarrassing situations, some Lawyers require a deposit and the full payment before the matter is heard in court. The issue of fees is a contentious one. Many persons are willing to pay for food, housing, education, vacations and others, but they consider legal fees an unnecessary expense. The services of Lawyers are required for the numerous procedures stipulated by law. The court or the Bar Association stipulates some of the fees.

All of the monies paid to the Lawyer do not always constitute fees for the Lawyer. Since VAT was introduced, 15% of the fees paid to the Lawyer must be paid to the government. There are also filing fees paid for by purchasing stamps, and bailiff fees for service of documents to the other side. Many of these payments are mistaken for Lawyers’ fees.

All fees for Lawyers are not the same. There are senior and junior Lawyers, and years of service are taken into consideration. For example, the consultation fees, paid on an hourly basis, for Queen’s Counsel are higher than that of junior counsel. Until next week.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com