What is the court duty solicitor scheme?
The duty solicitor scheme provides free legal advice and representation to defendants who appear in court without their own lawyer, usually at magistrates’ courts. Solicitors on the duty rota represent clients for bail applications, pleas, or first appearances. The Legal Aid Agency (LAA) funds the scheme, and billing is done through fixed fees or, in some cases, hourly rates depending on the type of matter.
How are court duty solicitor attendances billed?
Court duty attendances are usually billed under a fixed-fee structure. Each appearance attracts a set fee, which covers preparation, client consultation, and representation at the hearing. If the case becomes particularly complex, escalated rates may apply. Claims are submitted via CCMS or CRM forms, depending on contract requirements.
What is included in the fixed fee for a court duty attendance?
The fixed fee includes: Client interview and advice. Representation at the hearing. Completion of legal aid paperwork. Travel (within normal limits). It does not usually cover extended preparation, contested trials, or follow-up work, which would require a separate representation order.
Can solicitors claim for multiple clients in one duty session?
Yes. Each client represented under the duty scheme is claimable separately. If a solicitor assists five defendants during one morning session, they can submit five separate fixed-fee claims. Accurate attendance notes are essential to evidence representation.
How does billing differ between police station duty and court duty?
Police station duty billing is covered under the Police Station Fixed Fee Scheme or hourly rates for longer matters. Court duty billing is separate, with fixed appearance fees paid for each defendant represented at magistrates’ courts. The rates differ because court advocacy is more structured and time-limited than police station advice.
Can solicitors claim for preparation time beyond the fixed fee?
Normally, no. The fixed fee is intended to cover all standard preparation and representation at first appearance. However, if the case requires exceptional preparation (e.g., reviewing significant evidence before a bail application), solicitors may apply for additional payments, but this is rare and requires strong justification.
How are travel and waiting times billed under the court duty scheme?
Travel is generally absorbed within the fixed fee unless the duty session involves unusual or excessive travel. Waiting time in court is also covered by the fixed fee. Solicitors cannot claim separately for standard delays or adjournments, as the fixed fee is designed to cover the whole session.
What happens if a duty case converts into a full representation order?
If the defendant applies for and is granted a representation order after the duty appearance, the case transitions into standard criminal legal aid billing (LGFS). The solicitor can then bill future work under that certificate. However, the original duty appearance remains claimable as a separate fixed fee.
Can solicitors bill for advising clients who do not appear in court?
No. Duty solicitor billing is tied to representation in court. If a client fails to appear or a solicitor only provides brief advice without formal representation, no fixed fee can be claimed. Attendance must be evidenced by court records or signed duty logs.
How does the LAA verify court duty claims?
The LAA requires solicitors to maintain attendance notes, client details, and duty logs signed by court staff. Random audits compare claims against court lists. If discrepancies arise (e.g., claiming for non-attended clients), claims may be reduced or clawed back.
Can solicitors claim for cases that adjourn immediately?
Yes. Even if a case adjourns without substantive progress, the solicitor has still attended and represented the client. The fixed duty fee is payable. However, if no representation is provided, the claim cannot be made.
Are interpreters covered under court duty billing?
Interpreter costs are not included in the fixed duty solicitor fee. They are treated as disbursements and must be claimed separately with prior authority where necessary. The LAA requires invoices and justification for interpreter use.
How does duty billing work for remand courts with heavy caseloads?
In remand courts, a duty solicitor may represent many clients in a single day. Each defendant generates a separate fixed-fee claim. However, the solicitor must maintain clear records to avoid duplication and prove attendance for each client represented.
What is the role of CCMS in court duty billing?
The Client and Cost Management System (CCMS) is the LAA’s online platform for submitting claims. Duty solicitor attendances are logged in CCMS with details of the client, hearing date, and outcome. The system ensures compliance and helps track payments.
Can court duty work be delegated to agents?
Yes, firms can appoint agents to cover duty sessions, provided they meet contractual requirements. Billing is still submitted under the principal firm’s legal aid contract, with the firm responsible for compliance and accuracy of claims.
What are common reasons duty solicitor claims are rejected?
Claims are often rejected due to: Missing or incomplete duty logs. Duplicate claims for the same client. Ineligible advice outside the scheme. Failure to evidence attendance. Clerical errors in CCMS submissions. Proper record-keeping and cross-checking prevent most rejections.
How does court duty billing differ between magistrates’ and Crown Courts?
Duty solicitor work primarily covers magistrates’ courts. Crown Court duty schemes are limited and usually involve advocacy-only contracts under AGFS. Solicitors who act at magistrates’ courts under the duty scheme must transition billing to LGFS if the case progresses to Crown Court under a representation order.
Can solicitors claim for multiple hearings for the same client under duty?
No. The duty scheme is designed to cover the defendant’s first court appearance only. If the same client reappears at a later date, the solicitor must apply for a representation order. Only the first duty attendance is billable under the scheme.
How are breach proceedings billed under the court duty scheme?
Breach of community orders or suspended sentences may fall within the scope of court duty if the defendant is unrepresented. The solicitor can claim a fixed duty fee for attending such hearings. If proceedings escalate, a representation order may be required for ongoing work.
What best practices should solicitors follow for court duty billing?
Best practices include: Maintain accurate attendance notes and signed court duty logs. Record each client separately, even in busy remand courts. Use CCMS correctly and double-check claims before submission. Keep interpreter invoices and disbursement authorisations. Train staff regularly on LAA duty scheme rules. These practices reduce claim rejections, ensure compliance, and maximise recovery.