In last Friday’s webinar, at slide 18, we referenced and addressed 2010 Criminal Contract Specification Part B, 10.92. This says as follows:
“where proceedings forming one Case fall within more than one Category, the proceedings will be treated as forming part of the higher or highest in value of the Categories concerned*”.
Essentially this means you can bill the higher fee when you have a cracked trial, for instance, and a higher Cat 1 for the guilty plea is more than the lower Cat 2 for the not guilty work.
As night follows day the first client query of the new week involves an LAA audit decision that ignores this well known principle; “you must claim the lower Cat 2” said their Contract Manager, handing over the Contract Notice.
Perhaps an LAA subscription to our webinars might be in order – or they could always request a recording.
In any event it is an error surely worthy of a reverse Contract Notice against the Agency.
*There is a single exemption with regard to transfer of LA between firms here.
