Attendances (civil law)

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    Attendances in person or by telephone

    Payment rules

    Practitioners must claim for the actual time spent on a matter, up to the maximum allowable.

    Audit requirements:

    Practitioners are required to time record all attendances.

    File notes must detail the date of attendance, persons present, issues discussed, instructions taken, advices given and time taken so that claims can be easily verified.

    Attendances at trial/court

    Payment rules

    Practitioner must claim for the actual time spent at court up to the maximum allowable by the grant of aid.

    Audit requirements

    Detailed file notes relating to of all court attendances must be held on the practitioner file for audit purposes. File notes must include:

    • the date and the reason for the court appearance
    • time spent before the court
    • time spent conferring with client/counsel, negotiating or waiting
    • the name of the judicial officer hearing the matter
    • details of the submissions made, and
    • the outcome.

    Copies of any orders made must be retained on the practitioner’s file.

    When submitting proforma invoices practitioner must include the dates and outcomes of all attendances claimed.

    Attendances to drafting/perusing documents/letters/statements etc

    Payment rules

    The practitioner may claim for the actual time spent drafting/perusing documents, up to the maximum allowable in LAQ costing guidelines.

    Audit requirements

    Copies of the documents/letters/statements etc. drafted/perused must be retained on the practitioner’s file.

    Practitioners are required to time record all attendances in family and civil law matters.

    Attendances by clerks

    Payment rules

    Attendances by clerks in family and civil law matters are payable at the same rate as that for the practitioner on the condition that the clerks work is supervised by the practitioner.

    Audit requirements

    File notes must be retained in the practitioners file detailing:

    • who was in attendance
    • time taken
    • instructions taken
    • advice given.

    Attendances relating to any other work undertaken

    Payment rules

    In family and civil law matters practitioner may claim for the actual time spent on attendances, up to the maximum allowable.

    Audit requirements

    File notes detailing the date, identity of person undertaking the work, details of work done and evidence of same such as a summary of an article read or notes of the submissions to be made to the court must be retained on file for audit purposes.

    Last updated 7 December 2015

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