One Essex Ct vs Herbies: back from the brink

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  • The heart bleeds for those poor barristers. Not only do they get paid the full wack of a brief fee by the solicitors whether the case proceeds or not - they can also take on other work for that time (ie if it settles) without having to give credit. How many other professions can do that? What an outdated system -My sympathy lies with Herbies- 1, Essex Court should have shared the pain - all barristers should- and they should participate in the credit control exercise re the client.

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  • A strange message has been carved in the wall with swordpoint - it reads: Na na nah na, na na nah na, way ay ay goodbye...and there is a curious swordpoint drawing next to it of a barrister in full regalia making an L shape on his forehead...

    Whatever can the masked avenger mean?

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  • In my experience, counsel fall into two categories: those who will share the pain with their solicitors in the event of unpaid fees; and those who do not get instructed twice.

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  • Sharing the pain is one thing. Simply not being paid (at all), despite being entitled to be (in full), is another. While one expects some sense of commercial reality from those at the commercial bar - including reducing fees (perhaps materially) where necessary - the truth is that getting money on account from the client and managing billing, payment, etc of invoices by the client, has to fall primarily to the law firm. I rather doubt HS would have responded kindly had the silk in question demanded money on account because he didn't trust HS to pay up (or to obtain money from their client and then pay up). As it turns out, of course, he should have done...

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  • " Not only do they get paid the full wack of a brief fee by the solicitors whether the case proceeds or not "

    Try reading the article "The claim ...settled four weeks into an 18-week trial"

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  • Get real. I work in-house, and if I turned up one Monday and was told, sorry, we don't need you after all - you can take the rest of the month off. Oh, and by the way, we're not paying you your salary either. Not sure an employment tribunal would consider this reasonable behaviour. The truth is, these guys are self-employed, they pay all their own costs and pension and insurance out of hourly billing or briefs, and at the end of the day if they are on brief they have probably been turning down other work for the booked out time, so if it all settles then they otherwise they would just not get paid at all unless they happen to find some other work at short notice.

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  • Anonymous how stupid of you to make that comment. You are really misinformed!! How annoying!

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