ACL consults on the introduction of ‘Costs Paralegal’

The Council has now launched a further consultation on describing the latter group as Costs Paralegals.

The initial consultation on updating the articles of association and by-laws closed on 7 June and the results have now been considered by the Council. They showed strong support for the changes proposed, with:

• 88% agreeing with the introduction of a Fellow category
• 82% broadly agreeing with the introduction of a ‘costs draftsperson’ category and with the requirements for it.

To avoid public confusion or dilution of the Costs Lawyer brand, the Council has proposed ‘Costs Paralegal’ to describe a Costs Draftsperson, bringing the ACL in line with other professional bodies such as CILEX, the Chartered Institute of Patent Attorneys, and the Chartered Institute of Trade Mark Attorneys.

A key question is whether the purpose of the new membership category is to expand the tent to experienced practitioners who have chosen not to seek qualification, or to introduce people working in costs to the Association, and Costs Lawyers, at an early stage of their career.

“The Council has resolved that the purpose of this membership category should be for the latter,” the new consultation said.

Around half of all Costs Lawyers work for solicitors’ firms, meaning half of the potential pool of future Costs Lawyers will have access to other qualification routes, such as to become a solicitor or chartered legal executive.

“The Council considers that the benefit of bringing these potential Costs Lawyers into the proverbial ‘tent’ is greater, as it allows these individuals to have access to ACL membership at an early stage, supervised by a Costs Lawyer member.

“This should assist with their professional development and introduce them to qualifying as a Costs Lawyer rather than achieving qualification via the alternative SQE or CPQ routes. This is distinct from costs draftspersons that do not intend to qualify at all, despite the number of flexible routes that are now open to them.”

The consultation added that it was liaising with the regulator to ensure that the requirement for supervision of a Costs Paralegal by a full member of the ACL was “in line with their regulatory objectives”.

The Council is also consulting on a minimum time before a member could join Council.

The consultation is open until 4pm on Friday 6 September.