Q&As

Can I charge my client and/or opponent for costs and disbursements if I have forgotten to send a client care letter?

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Published on LexisPSL on 28/06/2017

The following Practice Compliance Q&A provides comprehensive and up to date legal information covering:

  • Can I charge my client and/or opponent for costs and disbursements if I have forgotten to send a client care letter?
  • Conduct issues
  • General law regarding recoverability of costs from the client
  • General law regarding inter partes recoverability

Can I charge my client and/or opponent for costs and disbursements if I have forgotten to send a client care letter?

Conduct issues

Practice Note: Client care letters and TOB—regulatory requirements 2011 [Archived] explains that there is very little information that the Solicitors Regulation Authority (SRA) specifically requires you to provide to the client in writing at the outset of their matter, ie in your client care letter or terms of business (TOB). In fact, there is no regulatory requirement to have either a client care letter or a terms of business document. Despite this, having both a client care letter and terms of business document will help ensure that you achieve relevant SRA requirements, comply with other regulatory requirements and follow the Law Society's guidance.

Practice Note: Information on costs—new clients 2011 [Archived] sets out SRA requirements and Law Society expectations in relation to costs information.

Failure to provide adequate costs information is one of the most common causes of complaint to the SRA and Legal Ombudsman. In dealing with such a complaint, the SRA can impose disciplinary sanctions on the firm and the Legal Ombudsman has various powers, including to reduce the firm’s bill, refund the bill and/or award compensation.

General law regarding recoverability of costs from the

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