Organisation Description Year
Bar Council

Submission by the Bar Council of England and Wales to the Legal Services Consumer Panel’s Call for Evidence on Referral Arrangements

Report refers to Jackson report, which in turn said that referral fees for PI work added to litigation costs without adding value (page 8).

2010
Royal Bank of Scotland

A perspective on the legal market

Report suggests that recession has caused a drop in fee income and charge out rates among big firms (page 7).

2009
Civil Justice Council

Response to Consultation on Court Fees – July 2004

Breakdown of Court Fees increases from 1998-2004

2004
Business and Economic History

Deregulation and Professional boundaries: Evidence from the English Legal Profession James H. Love and Frank H. Stephen

Suggested that when licensed conveyancers first entered the market, they charged 20-30% less. But then, over time, price increased among solicitors (page 798). And then price differential between solicitors and conveyancers decreased too (page 799).

1997
Ministry of Justice

Claims Management RegulationImpact of Regulation – Third Year Assessment

Commenting on the impact of increased referral fees, report states:
There was no evidence that increases in referral fees had led to an increase in the price of legal services. Price does not play a strong role in personal injury cases because of the prevalence of

2010
Jim Diamond

2009 Hourly Rate survey

Time series of hourly charge out rates broken down by solicitor segments.

2009
The Law Society

More civil justice? The impact of the Woolf reforms on pre-action behaviour

Discusses whether legal costs had increased post-Woolf in PI cases (page XXXvii) – yes, . In insurance cases, claimant rates went up, defendant rates fell (page 62).

2002
University of Manchester - Institute for Law, Economy and Global Governance

Liberalization of Legal Services

Various reports suggest that advertising leads to lower fees (page 5)

2006
Society of Trust & Estate Practitioners

Trusted advisor: THE FUTURE A report on the future of UK trust and estate practice by the Society of Trust and Estate Practitioners

Highlights increasing resistance from clients to pay by the hour, wanting fixed fees. – page 10

2010
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

Yes – move towards tending and fixed price for police advice (page 37 – 38).

2008
Office of Fair Trading

Evaluation of OFT Competition Advocacy Prepared for the Office of Fair Trading by London Economics April 2010

Impacts of regulation changes on costs -
In Australia, the removal of lawyers

2010
Harvard Law School

Overview of the Professional Services Industry and the Legal Profession

Looking at law firms in the US, reports on upward trend in the cost of securing legal services – page 5
“Over the last decade, corporate firms have increased their hourly rates by 6-8 percent annually, nearly double the rate of inflation. Such rate increases have been a driving force behind the increased profitability of many large and mid-sized law firms. In one sample, rate increases accounted for two thirds of revenue gains achieved between 2003 and 2004. Page 6

2008
Nottingham University Business School

Fees for Family Barristers: A statistical Analysis

Overall payments to counsel in some cases seems to have increased over time (page 7). Table shown on page 8. Payment costs where counsel was not used on page 9. Conclusions on page 16.

2007
European University Institute

The market failure justification for the regulation of professional service markets and the characteristics of consumers

Report lawyers who advertise tend to charge less than those that do not (page 4). Some nuances to this point on same page.

2004
Ministry of Justice

Is the 2007 court fee remission system working?

Report discusses discount costs of court fees – eligibility rates (page 29).

2009
University of the West of England and Cardiff University

Demand Induced Supply?

Analysis of the causes of the trend in criminal legal work

2005
Ministry of Justice

The market for “BTE” legal expenses insurance

Typical rates for legal expense insurance summarised (page 15). How much standalone LEI policies would cost (page 52)

2007
National Audit Office

Citizen Redress: What citizens can do if things go wrong with public services Report by the Comptroller and Auditor General HC 21 Session 2004-2005 9 March 2005

The overall public expenditure costs of handling complaints and appeals can be assessed very roughly as
the cost per new case and our research summarised in Figures 11 and 15 suggests the following data:
- complaints cost an average of

2005
European Commission for the Efficiency of Justice (CEPEJ)

European judicial systemsEdition 2008 (data 2006):Efficiency and quality of justice

Breakdown of types of court fees across Europe – pages 52-57, stating that
high level of court fees for Austria, Germany, Poland, Turkey and UK-England and Wales can be explained because the courts are responsible for the land registers. Acquiring information from these registers or for recording modifications fees must be paid. Page 55

2008
Routh Clarke Solicitors

Guideline rates

Brief history of Guideline Hourly rates used as a starting point for assessment of solicitors costs and how they have been set

2010
University of Leeds

Financialization by proxy: the case of large City law firms – Daniel Muzio and James Faulconbridge

Charges (and overheads) of partners and other fee earners at very large firms compared (page 12).

2009
Legal Services Research Centre

Causes of Action: Civil Law and Social JusticeThe Final Report of the First LSRC Survey of Justiciable Problems – Revised 2nd Edition

Cost of advice – pages 122- 127

2006
MyLawyer

What you can save with My Lawyer

Breakdown of Average High Street price, versus fixed price via My Lawyer. High street solicitor prices based on an average hourly rate of

2010
University of the West of England and Cardiff University

Demand Induced Supply?

Breakdown of the costs of criminal legal work

2005
National Consumer Council

Finding the will – a report on will-writing behaviour in England and Wales

Analysis of the cost of wills

2007
Price waterhouse Coopers

Economic value of legal aid: analysis in relation to commonwealth funded matters with a focus on family law

Costs of legal aid matters in Australia by type of matter (page 30). More costings page 33-34.

2009
Victorian Bar

Review of fees paid by Victoria Legal Aid to barristers in criminal cases – PricewaterhouseCoopers

Australian study of criminal legal aid – real term fees paid to barristers declined substantially between 1993 – 2007 (page 2). More data on page 9 onwards. Costs compared with other parts of the criminal justice system – i.e. magistrates (page 24).

2008
Ministry of Justice

Rates and scales in respect of defendant

Defendants costs orders guideline costs broken down by grade, function, and court:
Magistrates Court – Litigators advocacy, national and London hourly rates and Counsels fees – daily rates – Pages 2- 3
Crown Court – page 5
Very High Cost Cases – Pages 6-13
High court – Pages 13-14
Court of Appeal – Pages 16 – 18

2009
Journal of Law and Society

Alternatives to public provision: the role of legal expenses insurance in broadening access to justice: The German experience – Matthias Killian

Average cost of LEI claim in Germany 540Euros (page 8).

2003
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Family Barristers:
Median effective hourly gross rates of pay for barristers are about

2008
HMCPSI (Her Majesty's Crown Prosecution Service Inspectorate)

Report of the thematic review of the quality of prosecution advocacy and case presentation

Hourly costs to CPS of in-house advocates vs. cost of counsel:
the hourly cost of a crown advocate is

2009
Ministry of Justice

Civil Court Fees Consultation 2008

In 2007/2008, the cost of running the civil and family courts in England and Wales was

2008
Journal of Empirical Legal Studies

An Empirical Study of Class Action Settlements and Their Fee Awards Brian T. Fitzpatrick

IN A US Study on class action settlements, between 13 and 20% of settlements went to the lawyers. That compared to lawyers fees of around 33% of awards when claims were individually litigated. Breakdowns of costs on page 23-24 and 29 – 30.

2010
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – experiences from the world’s largest legal expenses insurance market – Matthias Killian

In Germany, standalone before the event legal expense insurance typically cost

2010
Oxford University

Note of the conference on litigation costs and funding, Oxford 6/7 July 2009

In PI claims, for every

2009
Tilburg University

Legal aid, accessible courts or legal information? Three access to justice strategies compared

In the Netherlands, the average money paid to legal aid lawyers is around 1000 Euros per case – page 6. Typical cost of civil law case in the Netherland is also 1000 Euros (page 7).

2010
European Economics

Crown Prosecution Service: the choice between in-house and self-employed advocates – a critique of the CPS’ analysis

Report summarises expenditure costs of external counsel (page 12), and compares them with the cost of CPS in-house advocates. Press release on page 19 gives additional costs breakdown per area.

2009
Solicitors Journal

Citizen power

Cost of legal advice over the phone –

2010
Europe Economics

Report for Bar Council – A critique of the evidence used by the LSC for its BVT proposals

Legal aid magistrates work summarised (pages 29 – 31)

2009
The Law Society

Publicising solicitors charges

2.1 – what should and should not be included in quoted prices

2010
Ministry of Justice

Evaluation of the victims

Cost of providing free advice after death of person was variously put at between

2008
HMCS

Guideline Hourly Rates for 2010

List of guideline hourly rates 2007-2010 split by Bands of Location, type of court, grades of fee earner, and length of hearing for counsel.

2010
Legal Services Research Centre

Money Advice Outreach Evaluation:Cost and Effectiveness of the Outreach Pilots

Looks at the cost of delivering advice to debt outreach clients
The average cost per client seen was

2008
University of Oxford

University of Oxford questionnaire on funding, costs and proportionality

Reports that court fees range form

2009
The Law Society

An investigation into the membership of the Children Panel

Members of the Children’s Panel can get an uplift for legal aid work of up to 15% (page 30).

2005
Lord Justice Jackson

Review of Civil Litigation Costs: Final Report Lord Justice Jackson

Review looking at costs of civil justice states:
Litigation is labour intensive and will always be costly – page 40
Discssion on cost and funding relationship to access to justice, and factors that drive costs in litigation- pages 40-51
Recognises key role of judges in litigation costs – judges must acquire a thorough understanding of the costs consequences of the case management directions which they give – page 45
Impacts of fee regimies on efficency – Page 47

Sets out proposal for an independant costs council, to set and review guidline hourly rates, review fixed costs and upper limites – pages 61- 64

2009
University of Westminster

Report on costs of legal aid in other countries

NZ costs by comparison (page 14) and Canada (page 15),

2004
Frontier Economics

A market analysis of legal aided services provided by solicitors December 2003

Shows Median private price,

2003
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

One of the biggest selling points that new organisations have over traditional high street firms is their willingness to offer fixed fees and approach law as a transparent business. The legacy of the billable hour may continue to dog traditional solicitors for some time, but those already taking a business approach and agreeing fees up front are reaping the benefits – Page 6

2010
Legal Services Commission

Research on Ethnic Diversity amongst suppliers of Legal Aid services

Study of legal aid work from 2003/2004: (page 24) for BME firms the average cost of a police station case was

2006
Legal Services Board

Legal Advice for Small Businesses Qualitative Research

Perceived high cost is seen as main barrier to accessing legal services – slide 36

2010
Legal Services Research Centre

Legal aid in Australia: the need for fundamental national reform – David Neal

Survey found that income of mid career barristers in Australia doing criminal legal aid work was 60% less than average salary of other legal professionals.

2010
Cardiff University

Litigants in person Unrepresented litigants in first instance proceedings Professor Richard Moorhead and Mark Sefton Cardiff University

The most common reason given for acting in person by respondents in Paths to Justice was that they did not think they had to be represented, the second most common reason: an inability to afford representation. Intriguingly also, some respondents had been advised to represent themselves. (Genn, 1999)
However research interviews showed that:
there was a strong consensus that few individuals were unrepresented by choice. The main reason suggested for acting in person in both family and civil cases was the cost of legal representation, coupled with ineligibility for legal aid
Pages 15-16

What the results suggest is that:

2005
Association of British Insurers

MARKETING COSTS FOR PERSONAL INJURY CLAIMS Evidence of market failure Report from Oxera Consulting Limited

Report on Personal Injury Market -
Rates charged by personal injury (PI) claimants

2009
Ministry of Justice

The extent and value of pro bono work provided by legal executives

Report suggests that legal exec typically charge

2008
Bar Council

THE ECONOMIC CASE FOR THE BAR A COMPARISON OF THE COSTS OF BARRISTERS AND SOLICITORS

Reports on a variety of surveys conducted in the 1990′s looking at privately paid civil work.
Tables showing hourly charge out rate for solicitors by grade and by size of firm (page 2) and barristers (page 3).
For Civil work the research found that:
a barrister of less than 10 years call, both in London and outside, is significantly less expensive than either an assistant solicitor or a partner. A more experienced barrister of over 10 years call does cost less than a partner, but the difference is less pronounced. This is to be expected as senior barrister and partner may both offer a high degree of experience and specialised knowledge. Page 5

1999
Office of Fair Trading

Home buying and selling A Market StudyFebruary 2010

Reports on typical cost of moving home with sellers solicitors fees

2010
The Law Society

The pro bono work of solicitors 2007

Proportion of solicitors in each firm size band pro bono working for client type – Page 26

Type of pro bono activities undertaken by size of firm – Page 27

2008
Bar Standards Board

Perceptions of barristersResearch study conducted for the Bar Standards Board by IPSOS MORINovember 2007

Public perceptions of barristers as expensive: 85% of barristers believe the public thinks that they are well paid, and 80% of barristers think the public see them as expensive to use.

2007
Jim Diamond

2009 Hourly Rate survey

Time series of hourly charge out rates broken down by solicitor segments.

2009
Ministry of Justice

International comparison of publicly funded legal services and justice systems

Total spending of legal aid much higher in E&W than in the Netherlands, France etc (page 22). Average spending per legal aid case compared across Europe (page 29).

2009
University of Southern California Law

Higher Demand, Lower Supply? A Comparative Assessment of the Legal Landscape for Ordinary Americans Gillian K. Hadfield

US research found that:
In 1990, total expenditures by households on legal services were $62.2 billion in 2000 dollars. At that time, the average hourly rate for lawyers in small firms (less than 20 lawyers, where we find most of the lawyers providing services to individuals) was roughly (very roughly!) $157 in 2000 dollars.

Conducting the same calculation for 2005 (total expenditures of $67.4 billion in 2000 dollars, an average hourly rate of $182 for small-firm lawyers71) yields an average of 1.3 hours per person or 3.34 hours per household, a decline of 20%.
Pages 145-146

2010