Costs draftsman fees: how legal costs drafting is charged

Hourly rates are common for complex or uncertain instructions, such as large bills, multi-party matters or points of dispute where the scope is not yet clear. Fixed fees are often used for defined tasks, such as a costs budget or a straightforward bill, where the work can be estimated reliably from the file size.

Percentage arrangements link the fee to the value of the bill or the amount recovered. They can suit some firms, but it is important to understand exactly what the percentage applies to and whether negotiation, replies or advocacy are included. There is no single market rate; each instruction should be quoted on its own facts.

The main drivers are file size, the quality of time records, the number of parties and orders, the need for Precedent S electronic format and the deadline. A well-organised file with a clean time export is quicker to draft than a paper file with gaps, fee earner changes and missing disbursement evidence.

Advice also affects cost. Questions about the retainer, funding arrangements, Part 36 consequences or departures from a budget take time to resolve. Identifying them during drafting usually costs less than dealing with them later in points of dispute or at a detailed assessment hearing.

The costs of preparing a bill and of the assessment process can, in principle, form part of the costs of detailed assessment. Whether and how much is recovered depends on the order, the outcome, offers made and the court’s view of reasonableness and proportionality. Some fixed costs regimes restrict what can be claimed.

Recoverability should not be assumed. A firm should understand its own liability under the agreement with the costs specialist separately from any amount it may later recover from the paying party.

Anyone can describe themselves as a costs draftsman; the title is not regulated. Costs Lawyers are authorised and regulated by the Costs Lawyer Standards Board, hold practising certificates and can carry out reserved legal activities, including rights of audience in costs proceedings.

Our legal costs team combines Costs Lawyers, costs paralegals and law costs draftsmen. A Costs Lawyer has input into every drafting instruction, so firms get drafting capacity with regulated oversight. The regulation applies to our individual Costs Lawyers, not to every team member.

Ask what the fee basis is and what it covers: the bill only, or also negotiation, replies and advocacy. Ask who will do the work and who reviews it, what the timetable is and how questions will be raised with fee earners. Ask how disbursements, such as court fees, are handled.

We confirm scope, fee and timetable in writing before starting. Send us the key orders, a summary of the file and your deadline for a quote, or read our case studies to see how we handle complex matters.

Firms can reduce drafting costs by keeping time records with budget phases in mind, storing orders and funding documents together and recording disbursements with their invoices. A clean, complete file shortens the review and reduces the number of questions that need answering.

It also helps to instruct early. Bringing in a costs specialist shortly after settlement or judgment, rather than close to a deadline, allows more efficient planning and leaves time to resolve issues without urgent and therefore more expensive work.

Finally, agree a clear point of contact. A fee earner who can answer queries promptly keeps the timetable on track and avoids the cost of drafting around gaps that a short conversation could have filled.