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 comprise Law Costs Negotiator, Costs Consultant, Legal Costs Draftsperson.
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 rights of audience and the right to escort costs litigation to Costs Lawyers.
The term "law costs draftsman" is available to all regardless of qualifications, perceive 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 connection of Law Costs Draftsmen (Alcd).
The connection of Law Costs Draftsmen had until very recently four classes of membership:
Students registered with the connection were required to perfect one module of the training procedure within the first year of membership to reserve 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 procedure consisting of three isolate modules, attended the compulsory seminars and passed the exam of the connection at associate level in addition they must have completed five years qualifying employment.
Fellows are full members of the connection who have grand as Associates, passed the exam at Fellowship level and must have completed seven years qualifying employment.
Costs Lawyers who are Fellows who have completed the Costs Lawyer procedure of the Association.
The Costs Lawyer procedure consists of attending a two-day training course. The procedure covers Alcd accounts rules, the Civil procedure Rules and advocacy training, there is no exam only an speculation of time, 2 days resulting in a 100% pass rate.
Many business training courses are designed to educate their members, or bring them up to speed on best practices but he danger with the Costs Lawyer procedure is that it represents the rout to qualification and therefore confers rights of audience at circuit Judge or High Court level.
Given this, the real wall to Costs Lawyer status is/was the requirements important to come to be 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 pro mettle, standards have been set significantly high to ensure that many do not pass therefore allowing the fellowship exam to reserve it's revered status. The standards was set as you would expect from a pro body and as such they represented the last hurdle to lawful recognition and rights of audience.
This brings us to the Alcd's recent membership shakeup. The first change is the kind of membership, from here on members will be: No longer company or fellows from here out members will be whether 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 dinky of hand, a smoke and mirrors transformation which in follow will duplicate 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 recent years in the lead up to Alcd's lawful recognition as Governing and awarding body the Alcd training programme has come to be increasingly widespread and standard with standard required to attain associate level far more difficult than in previous times.
In the past the old boy network conferred membership as and when it felt it important 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 propose 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 follow of members attending a two-day course
The interrogate now is that having operated at the two extremes which route are the Alcd likely to follow - The early stage auto induction that characterized and business body ready to rubber stamp those deemed proficient without exam Or the newer, leaner body linked with the Fellowship exam, the final hurdle that even experienced draftsmen have fallen at.
Cynics speculate that in it's desire to recognized as a strong regulatory body the Alcd will declare the high standards of current years and wish all time to come draftsmen to pass difficult examinations which de facto begs the interrogate why let so many associate members slip through by night right now by virtue of the two day back door course.
Of procedure the issue here is that many of the company who have currently failed the fellowship procedure will now automatically (after a two day 'no examination' course) be upgraded to Cost Lawyer Status and hold rights of audience and the rights to practice section 27 and 28 rights.
Writing in Costs Lawyer magazine, Alcd Chairman Iain Stark wrote that "change is distinct in order to ensure not only regulation but also high pro standards" but it's difficult to see how throwing open the doors to allow every associate automatic advancement backs his statement.
The Alcds aim is to accomplish protected body status. This: "would mean that only popular ,favorite members of the Alcd could characterize parties in costs proceedings. Effectively, this would wish the unregulated part of our profession to whether join the Alcd or be precluded from participating in costs proceedings". This all the time seemed a rather unrealistic goal but this automatic upgrading of company to Fellows (and thereby Costs Lawyers) must characterize the death knoll for he dream of protected body status.
Law Costs Draftsman - Lowering Standards