14 Hours

I have had numerous conversations on the 14-hour rule; the ghostbusting clause in 2017 Crime contract designed to catch out Duty Solicitors not genuinely engaged in at least 2-days “contract work” a week. The reason for this is that the written guidance is far from definitive, even the estimable Crimeline Complete’s attempts to tie this down, did not succeed.

I have given my views, especially on our 2017 Contract webinar, it needs to be work, chargeable on an hourly rate claim, were that billing option available. Other issues include the use of AGFS hours in the calculation, I, and I believe Andrew from Crimeline, do not think they can count.

The LAA could, of course provide much tighter guidance and must have a reason for not doing so. My view, for what it is worth, is this is to allow maximum ghostbusting flexibility; they will have sufficient scope to bust obvious phantoms but enough latitude to turn a blind eye to genuine DSs who might not quite meet a really strictly defined 14-hours.

Live experience, to date, of interaction with the LAA, has not dissuaded me of this view. Happy to chat about this issue.