Given the week I have had, appeal hearings, written representations on CCAs and the regular daily barrage of PACE standard fee enquiries I have once again been reflecting upon the slightly schizophrenic nature of our work.
Appeals are relatively easy – you try any reasonable argument you can muster and concede the undefendable. Advice is more troublesome and strains the radical interpretation employed in the above. We tend therefore, especially when surrounded by CCAs carrying significant, retrospective financial impact, to couch advice in protective, conservative terms.
Andy and I have just had a conversation about the likely future trouble spots for ongoing CCA which we are spotting from the chancy claims we are observing. One thing I would certainly do in these circumstances, if you are determined to chance your arm, is seek an early determination thus opening up the opportunity to appeal and even to begin developing the appropriate points of principle to guide future billing.
I think the choice is this:
1- Be conservative. Result – Fast death caused by reduced income leading to reduced SMP’s leading to very upset bank manager etc etc
2- Be more imaginative/risky call it what you will. Result- slow lingering death by way of costs audit-leading to extrapolation -leading to no SMP- leading to very upset bank manager etc etc
So there we have it once again the decision for the turkeys is when do you want xmas this year the 25th or 26th of December. Remember cancelling xmas is not an option!
Never have turkey at Xmas me!