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"The Association of Law Costs Draftsmen was formed in 1977 with the object of promoting the status and interests of the profession of law costs draftsmen generally and the maintenance of the highest professional standards. The main aim is to promote and foster a proper appreciation of the contribution made by law costs draftsmen within the legal profession. Further aims include the exchange of ideas and information with other legal bodies and the regulation of the conduct of law costs draftsmen and those engaged in the practice of law costs.
Law costs draftsmen are concerned with all aspects of solicitor's costs which are controlled by statute. The rules governing matters surrounding the delivery and form of solicitor's bills have been modified over the years by case law - judicial decisions interpreting the rules.
The three main areas in which law costs draftsmen may become involved are:
The requirement to attend court to oppose or support a bill of costs may arise in any of the above three categories. At present a costs draftsman may attend, at the discretion of the court, either as an employee (permanent or casual) of a solicitor. The Association has applied under section 27 of the Courts and Legal Services Act 1990 for rights of audience to be granted to Fellows. It is anticipated that such rights would considerably enhance the status and reputation of those who have qualified as Fellows of the Association. Under the Civil Procedure Rules 1999, a Fellow of the Association may be instructed as an expert by a litigant in person to advise on aspects of costs law and the litigant may recover any fees thereby incurred if he is awarded costs in his favour.
A law costs draftsman may become concerned with all areas of the law and deal with every conceivable type of legal matter that passes through a solicitor's hands. He is not, therefore, restricted to one narrow area of law as are some solicitors or legal executives and managing clerks who tend to specialize in one subject. Whilst not concerned with law primarily, the draftsman must acquire knowledge of law and, particularly, procedure to enable him to deal with the files passing through his hands." *
The usual method of entry to the profession is via a solicitor's office where a general knowledge of law and legal practice can be first obtained. Many law costs draftsmen are self-employed and often work from home. Unfortunately they rarely employ untrained assistants but it is strongly recommended that student members should work either in-house or at least in association with a Fellow rather than as a sole practitioner.
Membership of the Association is open to men and women over the age of 18 years who are employed predominantly in a practice of legal costs. They must have achieved not less than four passes at "C" grade or higher in GCSE core subjects, or the equivalent "O" levels, which must include English and Maths. Ideally, students should be employed by a fellow or associate of the Association or be in the employ of a solicitor, central or local government authority legal department, but each application is treated on its merits.
Students must follow a course of study which will involve a compulsory oral induction course of about 5 hours, research, must complete a number of written assignments, attend 4 compulsory oral workshops over 2 full days during that course and, at the end, complete a portfolio of evidence and pass a written examination. Those having a recognised legal qualification or at least 7 years experience as a law costs draftsman may be exempt from part of the study course. It is emphasised that the training course is little different to a university degree course and will require determined effort with, probably not less than 3 hours per week having to be set aside for working on it. The course is time-limited and students must submit not less than 5 assignments in their first year and complete the course within 3 years with the written examination being taken in the third year. Each student is allocated a tutor who is able to give guidance and the written assignments will be marked independently with the marks being carried forward to be added to those for the portfolio of evidence and the written examination.
Applicants practising outside England and Wales and others supporting the aims of the Association may be enrolled as affiliate members on a subscribing basis only.
On completing the full training course students will be awarded a Diploma in Costs-Drafting. On passing the ALCD written examination and having been predominantly engaged in the practice of law costs for at least 5 years, students will be upgraded to Associate and entitled to use the letters "A.A.L.C.D." after their name. After a further two years predominantly engaged practising law costs, an Associate will be automatically up-graded to Fellow and able to use the Association's logo and the letters "F.A.L.C.D.".
All members, except retired and affiliate members, are required to undertake not less than 7 hours continuing professional development ("CPD") each year; at least 4 hours must be on costs-related matters but the remaining 3 hours may be on other matters relating to the law or the running of their business. There are any number of ways in which this requirement can be met and students usually do so by completing their written assignments or by attending oral training courses.
Members receive a diary each year listing the names and addresses of Fellows and Associates and containing other useful information. Certain legal directories also contain a list of Fellows. A regular Journal keeps members up to date with trends in practice, rules and law relating to the assessment of costs and general information. The Association maintains its own web-site which has up-to-date news, views, a list of members and a forum in which members may raise and answer queries about costs problems. Full details of the Association' bye-laws and code of conduct can also to be found there.
With the exception of those law costs draftsmen who work exclusively in a solicitor's office on a p.a.y.e. basis (i.e. in-house), all members of the Association are required to produce proof by declaration from an insurer or broker that either as an individual or as a partner, director or employee of a firm of law costs draftsmen (i.e. freelance) work undertaken is protected by professional indemnity insurance cover to the value of at least £100,000 plus loss of documents cover.
An experienced and competent law costs draftsman may command a salary on a par with that of a solicitor or legal executive.
* Source ALCD Website.
