How do barristers charge?

For individuals and companies involved in litigation, budgeting for legal fees is really important. No-one wants to be left without representation at the final hearing because their funding has run out. So how do barristers charge for their services?

There are two main ways in which barristers charge:

1. On an hourly basis (similar to how most solicitors charge for their time). The hourly rate applied will be based on their level of experience, both in terms of the level of specialisation required and the length of time that they have been practicing. Barristers will record their time and the bill will depend on how many hours the work takes.

2. On a fixed fee basis. Most work undertaken by barristers is charged on this basis. A client will agree a fee in advance for the piece of work to be done – whether that is a hearing at which the barrister is to appear, or drafting of a particular document, or some other work.

The most common form of fixed fee is a ‘brief fee’ which is the fee charged for a hearing. Brief fees will be calculated according to the length of the hearing; the amount of preparation required; and the seniority and experience of the barrister being briefed. For a hearing which is to last for a day or less, the brief fee will cover all of the preparation and attendance at court, and (in most cases) the time spent by the barrister in drafting an order to put the judge’s decisions into effect.

For hearings which are likely to last for more than one day, the brief fee covers the preparation and the first day of the hearing. For future days, a refresher fee is charged which is less than the brief fee because it is to pay the barrister for only the attendance at court. For example, for a three-day case, the brief fee might be £10,000 (which covers the preparation of the case and attending on the first day) with refreshers of £3,000 for days 2 and 3 (which cover attendance on those two days). The total cost will therefore be £16,000.

In addition to the brief fee and refreshers, there are other fees which might be charged. The most common ones are as follows:

- Travel and hotel costs, especially where the case will last for more than one day;
- Conference fees, for a meeting with the barrister before the case – this is normally charged where the meeting is several weeks or more before the hearing, or where additional advice has to be provided (for example where advice on settlement is being requested in the hope of avoiding the hearing);
- Fees for written submissions after the hearing. On occasion, the court requests the barristers to provide closing arguments, or arguments on costs, by written submissions. These can take a substantial amount of time to draft and so there might be an additional charge.
- Advice on appeal, if the judgment does not go in the way that you want.
In a complex case which is going to take several days, the brief fee might be deemed payable a week or more ahead of the first day of the trial so will be charged whether or not the hearing goes ahead. For example, if the brief fee is deemed payable a week before the hearing but the case settles 2 days before the hearing starts, then the brief fee will still be payable notwithstanding that the barrister will not have to go to court. This is because the barrister will have reserved the time in their diary and may well have done some or all of the preparation for the hearing.

If the brief fee is not deemed payable in advance, it may still be that a fee is payable if the case is withdrawn from the barrister’s diary very late in the day. For example, if the case settles the night before the hearing or at the doors of the court itself, then a part or all of the fee might be payable even if the barrister ultimately does not attend the court. Unfortunately, there are times when the reason that the hearing is cancelled at a late stage is because the court has not got sufficient judges available, and it is then sometimes possible to claim these back from the court service (but this is not guaranteed and can be extremely difficult!)

If you instruct a barrister via direct access, then fees need to be paid in advance. If the hearing ultimately does no go ahead, part or all of the fee will be refunded.