The LAA routinely carry out audit and assurance activities post payment. These include:
• Contract management reviews
• Contract compliance audits
• Targeted file reviews
• Peer reviews
• Core Testing Programme
Copies of any evidence the provider could reasonably be expected to retain must be kept as evidence of work conducted on the case. We may request the evidence at any time during the contract period and at any time within six years after the contract ends.
Our activities have identified anomalies in the following areas:
• Missing file evidence – Routine correspondence and phone calls
• Panel membership claimed – Not applicable or has expired.
Missing Evidence
A claim should only include work supported by appropriate evidence on the file at the time of the claim and assessment. Although the file is not requested in every case, we may request this on assessment in support of any claim or as part of a post payment audit.
The LAA cannot pay costs where there is no evidence of the work on file. We must
report to Parliament on our handling of the public fund and must be able to
demonstrate effective stewardship. Therefore, it is very important you ensure
evidence of work is held on file and is made available in a timely fashion when
requested.
Please ensure when costing a file that all work, including relevant letters,
emails and telephone calls can be evidenced. Evidence may take the form of:
- Copies of letters / email chains
- Attendance notes and other file notes
- Copies of other documents.
We have seen examples where full correspondence clips have been claimed
for on the bill but when the LAA calls for the file, these cannot be evidenced.
Long email chains which are conversational in nature should not be claimed
as individual items.
- Longer email chains can be considered as a timed attendance but not
also as a piece of correspondence.
Please ensure all required evidence is provided when requested by the LAA.
Panel Membership
The 15 percent guaranteed minimum enhancement for panel membership may only be claimed where the fee earner was a member of one of the following panels at the time of undertaking the work:
(a) the panel of Resolution Accredited Specialists;
(b) the Law Society’s Family Law Advanced Accreditation Scheme; or
(c) the Law Society’s Children Law Accreditation Scheme.
Please ensure that the relevant panel membership evidence is valid and has
not expired.
The LAA does not require to see the panel membership evidence at the billing
stage, but may call for the file on audit where it will be checked.
We have seen examples where panel membership has not been renewed but
the 15 percent has been claimed.
Be clear where panel membership is being claimed that it is indeed the panel
member doing the work and that the work is allowable (not supervision for
example).
Useful Guidance
• 2018 Standard Civil Contract General Specification
• Cost Assessment Guidance 2018
• Guidance on the Remuneration of Expert Witnesses
• Civil Finance Electronic Handbook
• Legal Aid Learning Website