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Costs Lawyer vs Law Costs Draftsman – What’s the Difference?
The distinction between a costs lawyer and a law costs draftsman is often misunderstood, despite having practical implications for how costs issues are handled, argued, and resolved. While both roles involve specialist costs expertise, they differ in qualification, regulation, and scope of work. Understanding the difference helps solicitors decide what level of specialist input is appropriate at different stages of a case.
What Is a Costs Lawyer?
A costs lawyer is a legally qualified specialist regulated by the Costs Lawyer Standards Board. Costs lawyers have rights of audience in costs proceedings and are authorised to conduct litigation in relation to costs matters. Their role extends beyond drafting to include advisory work, advocacy, and strategic input where costs issues become contested or procedurally complex.
In practice, costs lawyers are commonly instructed in matters involving detailed assessment hearings, disputed budgets, appeals on costs, or cases where proportionality and recoverability are likely to be closely scrutinised by the court.
What Is a Law Costs Draftsman?
A law costs draftsman specialises in the preparation of costs documentation, including bills of costs, points of dispute, replies, and schedules. Law costs draftsmen are not legally qualified advocates, but they play a central role in the accurate and compliant presentation of costs claims.
Draftsmen are often instructed to prepare detailed bills and supporting documentation where procedural compliance and presentation are critical, particularly in cases progressing toward detailed assessment.
Key Differences in Qualification and Regulation
The primary distinction lies in regulation and scope. Costs lawyers are regulated legal professionals with formal rights of audience, whereas law costs draftsmen operate as specialist preparers of costs documentation without advocacy rights.
This difference affects who can appear at costs hearings, who can conduct litigation relating to costs, and the level of strategic advice that can be provided. The appropriate choice depends on the nature of the dispute and the procedural stage reached.
Rights of Audience and Costs Advocacy
Where costs disputes proceed to hearing, advocacy becomes a key consideration. Costs lawyers can represent parties at detailed assessment hearings and related applications, dealing directly with arguments on reasonableness, proportionality, and compliance.
Law costs draftsmen, while integral to preparation, do not have equivalent rights of audience. In contested matters, drafting and advocacy functions are often separated or combined through joint instruction of a draftsman and a costs lawyer.
When Should Solicitors Instruct Each?
In straightforward matters where costs are unlikely to be disputed, a law costs draftsman may be sufficient to prepare compliant documentation efficiently.
Where disputes arise, or where strategic costs decisions are required, the involvement of a costs lawyer can be decisive. This includes cases involving contested detailed assessment, costs budgeting disputes, appeals on costs, and specialist assessment regimes such as those arising in Court of Protection proceedings. This distinction becomes particularly important in paying party costs disputes involving local authorities, where the status and role of the fee earner may be challenged.
Why the Distinction Matters in Practice
Confusion between the two roles can lead to mismatched expectations or incomplete representation. Understanding the distinction allows solicitors to deploy specialist resources proportionately, ensuring that costs issues are addressed at the appropriate level without unnecessary escalation or procedural risk.
Specialist Costs Support Across England & Wales
Modern costs work is governed by national procedural rules rather than geography. Specialist costs lawyers and law costs draftsmen regularly act on matters conducted remotely, using electronic files and attending hearings where required without geographic limitation.
How SPH Costs Can Assist
SPH Costs provides specialist costs support to solicitors across England & Wales, offering drafting, advisory, and advocacy services tailored to the procedural and strategic demands of each case. The focus in every instruction is on compliance, clarity, and presenting costs in a manner aligned with judicial expectations. Provisional and detailed assessment risks are often heightened in local authority paying party costs disputes, where proportionality, hourly rates and conduct arguments are commonly raised.