Apprenticeship training course

Costs lawyer (level 6)

Costs lawyers are qualified experts in legal costs. They can advise clients on issues like litigation costs, the cost of legal services, such as, solicitors’ or barristers’ fees, and legal aid costs. They have a right to appear in court on behalf of their clients on matters relating to costs

• Qualification level: 6 ; Equivalent to degree.
• Typical duration: 48 months
• Apprenticeship category: Legal, finance and accounting
• Maximum funding: £21,000 ; Maximum amount government will fund ; for apprenticeship training.
• Also known as:
  • Costs lawyer
  • Costs negotiator
• Skills:
  Skills an apprentice will learn

  • distinguish between the costs implications of a range of options, to determine an appropriate course of action including timing and suitability of settlement and choice of settlement methods, and to appraise the client, including of likely next steps from the opposing party.
  • Synthesise knowledge and understanding of the law, facts and evidence arising in a complex scenario to determine and evaluate the costs implications of a range of options.
  • present logical recommendations on appropriate courses of action to advise a client in their best interests as to the conduct, and possible resolution of, a dispute, showing an awareness of tactics and risk with sound guidance on costs implications.
  • draft, and respond to, statements of case and settlement offers and prepare for in-person negotiation; and communicate effectively according to the recipient.
  • apply knowledge and a general understanding of law, facts and evidence to a straightforward scenario to explain practice and procedure in a given forum, including guidance as to costs considerations, as appropriate
  • assess and evaluate facts and evidence to advise, showing tactical and risk awareness, including of costs, in relation to the practice and procedure, conduct and management of a claim (including resolution, as appropriate) in a specialist forum.
  • advise on the scope of legal aid, how to claim and how costs will be assessed in the relevant forum.
  • advise on costs assessment and inter-partes costs recovery in a legally aided matter including preparation of a Bill of Costs and advising on the detailed assessment procedure.
  • advise upon knowledge of the law of contract to establish a cause of action; set out allegations; consider the availability of defences; establish the evidence to be obtained and to identify the strengths and weaknesses of a client’s case.
  • formulate comprehensive advice to a client upon a range of complex issues relating to a dispute arising in contract including evaluation of facts and evidence, to develop relevant argument and challenges, and communicate effectively according to the recipient.
  • apply the law of tort to establish a cause of action; set out allegations; to consider the availability of defences; to establish the evidence to be obtained and to identify the strengths and weaknesses of a client’s case in relation to establishing or defending the claim including in relation to causation and quantum
  • formulate comprehensive advice to a client upon a range of complex issues relating to a dispute arising in tort, including evaluation of facts and evidence, to develop relevant argument and challenges, and communicate effectively according to the recipient.
  • advise a client, to determine a likely costs outcome, to prepare relevant and accurate costs documentation including standard costs forms, Precedent H budgets (including drafting accurate statements of incurred and estimated future costs), bills of costs, points of dispute and reply.
  • evaluate information and provide accurate calculations, recommendations and advice to a client on a range of complex issues pertaining to costs, and protective measures including to provide guidance on preparation for CCMCs, the approval and agreement of budgets, court sanctions, variation of budgets and the relevance of budgets at subsequent assessment.
  • explain to a client the range of funding options, to draft key funding documents and retainers to comply with requirements, and to calculate success fees in complex scenarios.
  • synthesise knowledge and understanding to evaluate the suitability of funding options available to a client and to make recommendations, to advise on budget management and lawyer-client fee disputes.
  • use the professional rules of conduct to advise on conduct issues, to draft client care communications which comply with professional requirements, to demonstrate an awareness of the need to act in accordance with the core duties of professional conduct and ethics to preserve the reputation of the profession, retain an individual’s regulated status and protect the interests of clients and the wider public.
  • formulate comprehensive advice upon conduct issues and to apply the professional rules of conduct to a given scenario, communicating effectively according to the recipient.
  • use relevant communication skills and techniques to advocate with due regard to professional etiquette and the duty to the court, and present reasoned and persuasive oral arguments and oral submissions which show understanding of the strengths of a client’s case and comply with the specifics of relevant rules and procedure.

Full information on Costs lawyer (level 6) is available from the Institute for Apprenticeships and Technical Education.

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