How to chase unpaid barrister fees without damaging relationships

Every barrister knows the feeling. The diary is full, the work is going well, and yet the bank balance tells a different story. Fees that were earned in the spring are still outstanding in the autumn, and the self-assessment bill is due regardless. Unpaid fees are not a sign of a weak practice. They are a normal part of self-employed life at the Bar, and the barristers who cope best are the ones who treat collection as a routine process rather than an awkward favour they occasionally ask of solicitors.

This guide sets out a practical system for chasing fees, from the moment the work is done to the point where formal steps become sensible.

Start before the work is done

Most collection problems are created at the point of instruction, not at the point of billing. A fee that was never clearly agreed is a fee that is easy to dispute or forget.

Confirm terms in writing on every instruction. For solicitor work, record whether you are working on the Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons, or on bespoke terms, and note the agreed payment period.
Agree the fee, or the basis of the fee, before you start. A brief fee and refreshers, an hourly rate with an estimate, or a fixed fee for an advice. Write it down.
Identify who is paying. A solicitor is usually personally liable for counsel's fees under the contractual terms, regardless of whether their client has paid them. Make sure that is understood from the outset.
For direct access clients, take payment in advance. Staged payments before each piece of work remove the collection problem almost entirely.

Invoice promptly and precisely

A fee note sent three months after the hearing tells the solicitor it is not a priority for you either. Aim to bill within a few days of completing the work.

A good fee note includes the case name and court reference, the solicitor's reference, the date and nature of the work, the agreed fee, VAT where you are registered, the payment terms and your bank details. Small omissions give an accounts department a reason to put it to one side. If your practice software sends fee notes automatically, check that the solicitor's accounts team, and not just the fee earner, receives them.

Build a chasing timetable and stick to it

Collection works when it is predictable. A simple timetable, applied to every outstanding fee without exception, does more than occasional bursts of effort.

On the due date: a short, polite reminder to the accounts team, copied to the instructing solicitor, attaching the fee note.
Fourteen days overdue: a second reminder asking for a payment date. Ask a direct question, such as when the fee will be paid, rather than simply restating the amount.
Thirty days overdue: a telephone call from your clerk to the fee earner. Most delays are administrative, and a conversation usually reveals whether the problem is a lost fee note, a client who has not put the firm in funds, or a dispute about the amount.
Sixty days overdue: a formal letter referring to the contractual terms, the interest provisions and the next steps you will take if payment is not received.

Keep a note of every contact. If the matter does reach a formal stage, a clear record of reminders makes your position much stronger.

Use your clerk, and protect the relationship

There is a good reason why fee collection has traditionally sat with the clerks' room. It separates the commercial conversation from the professional one. A barrister who chases their own fees with a solicitor they want further work from is in an uncomfortable position, and the temptation is to let things slide.

If you do not have a clerk, or your clerk is stretched across a large set, consider whether outsourced clerking support could take this on. Consistent, neutral chasing is one of the most valuable things a clerk does, and it is often the first task to fall away when a barrister is busy in court.

Interest and the contractual terms

Under the Standard Contractual Terms, payment is due within a set period of the fee note, and interest can accrue on late payment. Between businesses, the Late Payment of Commercial Debts (Interest) Act 1998 may also allow statutory interest and fixed compensation for each overdue invoice where no contractual rate applies. You do not have to claim interest in every case, but referring to it in a formal letter often moves a fee up the queue.

When a fee is disputed

Sometimes the delay is not administrative. The solicitor or client may believe the fee is too high, or that the work was not what was agreed. Deal with this quickly and openly. Ask what specifically is in dispute, pay attention to whether the original terms were clear, and be willing to discuss a reasonable compromise where the position is genuinely uncertain. A prolonged argument over a modest sum rarely makes commercial sense, and the Bar Standards Board expects barristers to deal with complaints and fee disputes properly. Make sure you know how your complaints procedure applies, especially for direct access clients who may also be able to go to the Legal Ombudsman.

Formal steps

If reminders, calls and a formal letter have all failed, you can consider a claim. For smaller sums the County Court online money claim process is straightforward. Before issuing, send a letter before claim that complies with the relevant pre-action expectations, and think realistically about whether the debtor can pay. Issuing proceedings against an instructing firm will usually end the working relationship, so weigh the sum against the future work.

Make it routine

The single most useful habit is a fortnightly review of everything outstanding, sorted by age. Fifteen minutes with a coffee and an aged debt list will tell you more about the health of your practice than any amount of worrying. Pair that with prompt billing and a consistent timetable, and most unpaid fees will resolve themselves before they become a problem.

If you would rather hand fee chasing and diary management to someone else, Clerk&Counsel provides clerking support to independent barristers alongside a steady flow of instructions.