The Association of Costs Lawyers (ACL) is a
professional association
A professional association (also called a professional body, professional organization, or professional society) usually seeks to advocacy, further a particular profession, the interests of individuals and organisations engaged in that professio ...
that represents
costs lawyers in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. It was originally established in 1977 as the Association of Law Costs Draftsmen, but the name was changed in January 2011.
The ACL became an "authorised body" or legal regulator, specifically for law costs draftsmen, on 1 January 2007. As a consequence of Schedule 4 of the
Legal Services Act 2007
The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complai ...
, the ACL was listed as one of a number of authorised bodies regulating the carrying out of reserved legal activities. Specifically, costs lawyers can conduct costs
litigation
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
, and can administer
oath
Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to ...
s, with
rights of audience
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client.
In English law, there is a fundamental distinction between barristers, who have rights of audience in the ...
in all courts in England and Wales. Under Practice Direction 46.5 of the
Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil ...
, a Fellow of the ACL (or a law costs draftsman with membership of
The Academy of Experts or the
Expert Witness Institute) can be retained by a
litigant in person
In England and Wales, a litigant in person is an individual, company or organisation that has rights of audience (this is, the right to address the court) and is not represented in a court of England and Wales by a solicitor or barrister. Instr ...
as experts on costs.
Organisation
The ACL is governed by a Council, consisting of a Chairman and seven members, all elected for three year terms.
The Legal Services Act 2007 resulted in the creation of an autonomous regulatory arm, the Costs Lawyer Standards Board, which began operating in October 2011.
The ACL also has an educational arm, ACL Training, which is the only provider of the qualifications needed to become a costs lawyer.
Challenges
Costs lawyers face several challenges, due in part to their profession being less well known than other types of lawyers such as solicitors and barristers. The ACL has spoken out on several occasions in support of costs lawyers. An example is the lack of recognition by other lawyers, something that was criticised by a judge in October 2018.
Another serious threat comes from the possibility of fixed costs in litigation following the
Jackson reforms. This might eliminate the need for costs budgets and cost management conferences, which form the mainstay of the work of costs lawyers.
See also
*
General Council of the Bar
The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales. Established in 1894, the Bar Council is the 'approved regulator' of barristers, but discharges its regulatory functi ...
*
Law Society of England and Wales
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as ...
*
Chartered Institute of Legal Executives
The CILEX (Chartered Institute of Legal Executives) is the professional body for over 20,000 paralegals, CILEX Lawyers and other legal professionals in England and Wales. It provides a cost-effective vocational route to qualification via the CI ...
References
External links
*
{{Legal services in the United Kingdom
1977 establishments in the United Kingdom
Legal organisations based in England and Wales
Organizations established in 1977
Legal regulators of the United Kingdom