Law Costs Regulatory Body Lowers Standards
What is in name...? Law Costs Draftsman, it sounds good, seems to be a solid legal role but yet look on any job advert and you'll find variations on this theme, examples include Law Costs Negotiator, Costs Consultant, Legal Costs Draftsperson.
Basic Stamp 2 Module
The Alcd exists as a body to train, regulate and promote costs draftsmen. However, membership is in no way mandatory. The Alcd was recently granted authorised body status which enabled it to grant possession of audience and the right to guide costs litigation to Costs Lawyers.
The term "law costs draftsman" is available to all regardless of qualifications, touch or absence of any regulation from a recognised body. Most if not all industries have a regulatory body that instructs, qualifies and enforces it's sector Law Costs Drafting in the Uk has the relationship of Law Costs Draftsmen (Alcd).
The relationship of Law Costs Draftsmen had until very recently four classes of membership:
Students registered with the relationship were required to unblemished one module of the training policy within the first year of membership to sustain their status. To enrole as a trainee applicants are not required to be employed in costs law merely pay the required membership fee.
Associates have completed the full training policy consisting of three cut off modules, attended the compulsory seminars and passed the test of the relationship at connect level in expanding they must have completed five years qualifying employment.
Fellows are full members of the relationship who have grand as Associates, passed the test at Fellowship level and must have completed seven years qualifying employment.
Costs Lawyers who are Fellows who have completed the Costs Lawyer policy of the Association.
The Costs Lawyer policy consists of attending a two-day training course. The policy covers Alcd accounts rules, the Civil policy Rules and advocacy training, there is no exam only an investment of time, 2 days resulting in a 100% pass rate.
Many commerce training courses are designed to educate their members, or bring them up to speed on best practices but he danger with the Costs Lawyer policy is that it represents the rout to qualification and therefore confers possession of audience at circuit Judge or High Court level.
Given this, the real wall to Costs Lawyer status is/was the requirements primary to become a Fellow of the Association. I.e grand as an associate, completed 7 years training and passed the exam at fellowship level.
The fellowship exam is widely regarded as test of an Alcd members professional mettle, standards have been set significantly high to ensure that many do not pass therefore allowing the fellowship exam to sustain it's revered status. The standards was set as you would expect from a professional body and as such they represented the last hurdle to valid recognition and possession of audience.
This brings us to the Alcd's up-to-date membership shakeup. The first turn is the type of membership, from here on members will be: No longer company or fellows from here out members will be either trainee costs lawyer or costs lawyer.
For this to happen the following will be observed and this is where many could accuse the Alcd of petite of hand, a smoke and mirrors transformation which in effect will double the amount of Legally recognised costs Drafting's professionals overnight.
1. All existing company will automatically be upgraded to the status of Fellow.
2. Fellow status will cease to exist as of 1 January 2012.
3. In the intervening period, existing Fellows are required to attend the Costs Lawyer course.
Over up-to-date years in the lead up to Alcd's valid recognition as Governing and awarding body the Alcd training programme has become increasingly ample and approved with approved required to attain connect level far more difficult than in previous times.
In the past the old boy network conferred membership as and when it felt it primary to remain representative of the whole costs profession or in special cases where it was deemed the subject had 'served his dues' an informal and indefinable apprenticeship.
We therefore already had a situation where many had achieved Fellow status without having to show any actual skill or knowledge of costs law or had achieved this status by a less onerous short-cut. This is not, of course, to advise that there are not some very gifted costs draftsmen among them. However, that is regardless of, not because of, their formal status.
In a return to form the Alcd has now allowed a added large group to attain, Costs Lawyer status "on the cheap". As the amount of Costs Lawyers will therefore have doubled by 2012 as a effect of members attending a two-day course
The ask now is that having operated at the two extremes which route are the Alcd likely to effect - The early stage auto induction that characterized and commerce body prepared to rubber stamp those deemed proficient without test Or the newer, leaner body connected with the Fellowship exam, the final hurdle that even experienced draftsmen have fallen at.
Cynics imagine that in it's desire to recognized as a strong regulatory body the Alcd will sound the high standards of current years and need all time to come draftsmen to pass difficult examinations which actually begs the ask why let so many connect members slip straight through by night right now by virtue of the two day back door course.
Of policy the issue here is that many of the company who have currently failed the fellowship policy will now automatically (after a two day 'no examination' course) be upgraded to Cost Lawyer Status and hold possession of audience and the possession to exercise section 27 and 28 rights.
Writing in Costs Lawyer magazine, Alcd Chairman Iain Stark wrote that "change is positive in order to ensure not only regulation but also high professional standards" but it's difficult to see how throwing open the doors to allow every connect self-acting advancement backs his statement.
The Alcds aim is to perform protected body status. This: "would mean that only beloved members of the Alcd could recite parties in costs proceedings. Effectively, this would need the unregulated part of our profession to either join the Alcd or be precluded from participating in costs proceedings". This all the time seemed a rather unrealistic goal but this self-acting upgrading of company to Fellows (and thereby Costs Lawyers) must recite the death knoll for he dream of protected body status.
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