Querying Solicitors' Fees

The Law Society of Scotland does not have the power to consider the amount of fees charged by a solicitor but has responsibility in relation to considering the quality of service provided by the solicitor.

Challenging the amount of fees

If you wish to challenge the amount of fees charged, in the first instance you should speak to your solicitor or the Client Relations Partner in the firm. You may wish to ask on what basis the fee has been calculated. You can ask for a breakdown of the fee-note but the solicitor is entitled to charge for preparing this.

Scale fees have been abolished except in a few restricted areas and it is for the solicitor and client to agree on an acceptable method of pricing the work done. This may be by charging an agreed hourly rate, or by charging on a "time and line" basis, or by agreeing a fixed fee for example.

If you remain unhappy with the level of the fee charged, the procedure for having the solicitor's account independently scrutinised is called the "taxation" of the solicitor's account and is carried out by the Auditor of Court.

Auditor of Court

The Auditor of Court is an official, based in every Sheriff Court in Scotland. The process has nothing to do with raising a court action or payment of any kind of tax, the Auditor is simply located within the court premises.

If you wish to proceed, all you have to do is to ask your solicitor to make suitable arrangements. They will then send you a simple form of letter for your signature, which will be addressed to the Auditor asking him to "tax" the account. The solicitor will also sign the form which is referred to as the "joint remit" and by signing the form both the client and the solicitor are agreeing to accept the Auditor's judgement on the correct level of fee.

The solicitor will submit the joint remit to the Auditor together with their account, their correspondence file, their cash ledger and any other papers which will help the auditor to determine the extent of the work done and the proper fee which it is reasonable to pay.

Attending the hearing

If you wish to attend the hearing before the Auditor in order to put forward your views you are entitled to do so. You must let the solicitor know at the outset that you wish to do so and he will let the Auditor know when he sends in the papers. You will then be advised of the date and time of the hearing.

Auditors' Fees

The Auditor has the discretion to charge a fee for his involvement - usually 3% or 4% of the final "taxed amount" plus VAT. Unless the Auditor finds that the solicitors account was excessive, he is likely to order his fee to be paid by the client in addition to what he determines is a fair and reasonable fee for the solicitors to receive.

Further Information

The Auditors' offices in the Sheriff Courts are most willing to give further information about this service, for instance their particular policy in respect of their own fees and how long it might take to complete the taxation process.