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One of the recent attractions to new members of the Association of Law Costs Draftsmen is the prospect of attaining rights of audience in court. Strictly speaking costs draftsmen are currently only allowed to appear in court at Detailed Assessment by virtue of the fact that they are in the employment, or temporary employment, of a solicitor. They do not have a right to make representations in court.
In June 2003 an application to the Secretary of State was made by the ALCD for rights of audience for its qualified members in costs matters. A consultation panel, the Legal Services Consultative Panel initially objected to certain aspects of the application and consequently a revised proposal was submitted. The panel reported back with its recommendations and some very favourable comments. The panel’s full report, published by the Department for Constitutional Affairs on 14th September 2005 can be found here.
In October 2006 the ALCD proudly reported further details of how the rights of audience will be awarded and indicated that qualifying members would need to take further examination in order to be entitled to these rights. There is now a course that only Fellows of the Association can attend to qualify for rights of audience. What these Fellows with rights of audience will be called is still being decided by the Association.
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