A law costs draftsperson is a specialist who settles the legal costs of a court case. The role of the law costs draftsman centres on a procedure known as the detailed assessment of costs, which is controlled by statute in England and Wales. They are concerned with costs relating to all areas of the law and deal with every conceivable type of legal matter that touches upon the subject of costs. An experienced and competent law costs professional may command a salary on a par with that of a solicitor or legal executive.
A costs draftsperson does not require specialist qualifications but rather can be trained and gain experience in-house within a law firm. However a costs draftsperson can also attain a qualification to become a Costs Lawyer.
Costs Lawyers are highly specialist lawyers. They are experts in legal costs law and practice and often work with other regulated legal professionals, such as solicitors and barristers. They can be instructed directly by courts, solicitors, members of the public and businesses to undertake specific work.
A Costs Lawyer's or Costs Draftsperson’s work can be considerably varied and will depend upon where they work – this may be in-house in a firm dealing solely with legal costs, in a solicitor’s firm, or working independently.
Some have a particular specialism (i.e. work solely on behalf of claimants or defendants or only take on legal aid work) whilst others may deal with a broad spectrum of work. It is common for professionals to specialise only in legal aid or inter partes work. Legal aid costs are paid by the Legal Aid Agency, a government agency that provides funding to give individuals access to justice in certain areas of law and depending on their means. Inter partes costs are generally paid by the party who lost the court case to the party that won.
The Association of Costs Lawyers (ACL) as the professional body for Costs Lawyers and the Costs Lawyers Standards Board (CLSB) as the regulator for the profession both provide information on what a Costs Lawyer is and the work that they carry out. Costs Draftspersons without the Costs Lawyer qualification do not have rights of audience but otherwise their role will often be similar.
A career in costs drafting is often pursued by individuals who, having undertaken their law degree, become more interested in the area of costs than in other areas of law. Equally paralegals, legal secretaries, or administrators within law firms often find they have an aptitude for costs and obtain training and experience to develop in this field. The field is niche and costs draftspersons/costs lawyers are always in high demand, making this career an attractive prospect for progression and remuneration. At GT Stewart we are seeking to encourage greater awareness in the public domain to attract more candidates into this not very well known career path. The opportunities for career progression, autonomy, and an endlessly varied caseload will suit individuals with a forensic eye for detail and the ability to learn complex regulations and put them into practice.
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Paulina Marczuk's Journey to a becoming Costs Lawyer – a personal account
As any university law graduate, I wanted to start working in law firm as soon as possible to gain experience. When I was invited for an interview at GT Stewart I was thrilled. The job title was Civil Billing Administrative Assistant. At the interview the work done in that department was explained to me with words I still use today when I explain my own job to people “we get the case at the end, and we say how much it is worth.”
When I started as an administrative assistant I was introduced to many pieces of the puzzle that is the world of costs. From beginning with Legal Aid bills to the CPR that governs the Inter Partes bills. Detailed Assessment Hearings. Costs Budgets. EX80s. Fixed fees. High Costs Cases. It was a world I didn’t know existed. I came to the firm thinking I wanted to be a solicitor. Now nearly 5 years later I have stayed within the team and become a Costs Lawyer.
With the support of my team who took their time and trained me in more complex matters I started drafting my first fixed fees in family cases. The basis of which allowed me to embark on High Costs Case Plans, Extradition Bills and Civil non family claims. And later on, Inter Partes negotiations. The experience of which came to be crucial during my time at the Association of Costs Lawyers Training (ACLT).
ACLT is an opportunity to take your knowledge and experience to another level, integrating the theoretical aspect of costs law and all its regulations with the experience of drafting costs budgets or CPR compliant bills of costs among many others. This is also where you can get involved in a first taste of advocacy and increase your self-confidence.
I think my job as an administrative assistant was absolutely vital in preparing that crucial foundation which then the ACLT refined so that I could further train my abilities, as in the costing world you never stop learning. This job is full of opportunities and challenges which will only make you better – a place where no two days are the same. It is perfect blend of independent work and teamwork.
The world of costing - where maths meets law.
