What Is a Solicitor and Client Costs Dispute?

A solicitor and client costs dispute arises when a client challenges the level of legal fees charged by their solicitor.

This is particularly common in privately funded litigation, where hourly rates and the unpredictable nature of civil proceedings can cause final invoices to exceed earlier estimates.

Although solicitors are required to provide costs information and updates, litigation can develop in ways that increase the overall amount of client costs. As a result, concerns may arise regarding:

• The time spent on certain aspects of the case
• Whether work undertaken was proportionate
• Whether estimates were realistic
• Whether the final bill reflects the agreed retainer

At Greener Costs, we provide independent and practical advice to both solicitors and clients involved in cost disputes, helping parties resolve issues efficiently and commercially.

 

Challenging a Solicitor’s Bill

There are several routes available when challenging a solicitor’s invoice.

Challenging Statute Bills Under the Solicitors Act 1974

Where a solicitor has delivered a final invoice (often referred to as statute bills), a client may apply to the Court for an assessment under the Solicitors Act 1974.

This is a formal legal process and must be brought within strict time limits, sometimes as little as one month from the date of delivery of the bill.

Proceedings are typically issued in the court where the underlying matter was conducted, or in the Senior Courts Costs Office if no proceedings took place.

It is important to note:

• This is a litigious process
• Costs can be significant
• If unsuccessful, the client may remain liable for the original bill plus additional legal costs

Greener Costs does not conduct litigation under the Solicitors Act 1974, and so we recommend that specialist advice be obtained from a professional who specialises in this area before proceeding.

 

Complaint to the Legal Ombudsman

Clients may raise a complaint with their solicitor directly and, if unresolved, escalate the matter to the Legal Ombudsman.

Before approaching the Ombudsman:

• A formal complaint must first be made to the solicitor
• The solicitor has up to 8 weeks to respond

The Ombudsman process can take several months depending on complexity.

Greener Costs can assist by:

• Reviewing the retainer and invoices
• Identifying technical costs issues
• Drafting a structured complaint
• Advising on proportionality and reasonableness

We charge fixed fees for this service, giving you certainty from the outset.

 

Alternative Dispute Resolution (ADR)

Many solicitor and client disputes can be resolved without court proceedings.

Greener Costs offers an independent ADR service focused on dispute resolution. One of our experienced costs professionals will:

• Review the documentation objectively
• Advise both parties on the strengths and weaknesses of their positions
• Narrow the issues in dispute
• Facilitate constructive discussions

This approach is confidential and non-binding unless agreement is reached. It does not prevent either party from later pursuing litigation or an Ombudsman complaint.

ADR is often the most proportionate and cost-effective method of resolving legal fee disputes.

 

What Information Do We Need?

To assist effectively, we typically require:

• Copies of invoices and breakdowns of work
• The original client care letter and terms of business
• Any written estimates or costs updates
• A copy of your complaint and any response received
• Contact details for the solicitor involved

This allows us to provide an informed and objective assessment at an early stage.

 

Frequently Asked Questions

What is a solicitor and client assessment?

A solicitor and client assessment is a formal court procedure under the Solicitors Act 1974 in which a judge reviews a solicitor’s bill to determine whether the charges are reasonable and proportionate. The Court will consider factors such as the complexity of the matter, the time spent, the hourly rates charged, and the terms agreed in the retainer. The assessment can result in the bill being reduced, confirmed, or in some cases increased. Because it is a technical and procedural process, specialist costs advice is strongly recommended before issuing proceedings.

Are there time limits to challenge a solicitor’s bill?

Yes. Strict time limits apply when challenging a solicitor’s invoice, particularly if proceedings are brought under the Solicitors Act 1974. In some cases, an application must be made within one month of the bill being delivered to preserve certain automatic rights of assessment. If more time has passed, the Court still has discretion to allow a challenge, but this is not guaranteed. Acting promptly is essential to protect your position and avoid losing the ability to dispute the charges.

What is the difference between a complaint and court proceedings?

A complaint to the Legal Ombudsman is a regulatory process focused on service standards, fairness and client care. It is generally more informal and may result in compensation, a fee reduction or other remedial action. Court proceedings, by contrast, involve a judicial assessment of the legal fees themselves. This is a more formal litigation process and can involve additional costs risk. The appropriate route will depend on the nature of the dispute and the outcome you are seeking.

Can legal fees disputes be resolved without going to court?

Yes. Many legal fee disputes are resolved through negotiation or alternative dispute resolution without the need for formal litigation. ADR allows both solicitor and client to obtain an objective review of the charges and explore settlement options in a confidential setting. This approach is often quicker, less adversarial and more cost-effective than court proceedings, particularly where both parties are open to constructive dialogue.

 

How Greener Costs Can Help

Greener Costs is a team of specialist Law Costs Draftsmen and Costs Lawyers with over 25 years’ combined experience in legal costs.

We act for both solicitors and clients and strongly encourage cooperative engagement to avoid unnecessary escalation. Our focus is to resolve cost disputes efficiently, professionally and with commercial realism, minimising stress, uncertainty and further expense.

For a free, no-obligation discussion about your situation, contact Greener Costs using the enquiry form below. Alternatively, we can discuss your matter via email at info@greenercosst.co.uk.