EJS
Joan • Smith
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Barrister at Law
Call: 07734913192 | Email: info@ejsmith.co.uk
Secure email: e.joan.smith@ejsmith.cjsm.net
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Regulated by the Bar Standards Board

Solicitors/Authorised persons
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I have adopted and undertake instructions in accordance with The (New) Standard Contractual Terms for the Supply of Legal Services by Barristers to Authorised Persons Annex T to the Bar Code of Conduct which can be found online at the BAR standards board
Where services are provided under a public funding certificate or other statutory arrangement then the standard contractual terms 2012 will not apply.
Public Access
Is public access suitable for you, if you are interested in the public access scheme please contact me to discuss matters further to see if your case is suitable.
Instructions that are agreed on a direct access basis will be subject to the agreed terms as set out in the formal client care letter, if you would like further details please do not hesiate to contact me. I am not authorised to conduct litigation, what does this mean? You will need to issue proceedings, file documents at court, and serve documents on other parties yourself.
Here is an example of what a direct access barrister can assist with;
Draft a letter or formal response for you to send.
If a witness statement is needed from you, your barrister may draft one based on what you tell him / her. They may also help to finalise a witness statement from another person based on the information that they have provided.
Barristers may advise you on the need for expert evidence and on the choice of a suitable expert. They are not permitted to instruct an expert on your behalf, though they are permitted to write the letter of instructions for you to send.
Barristers may advise you on the law and evidence and steps to be taken to prepare your case for trial or how to approach written submissions.
Barristers may act for you at the trial, as your advocate, testing the evidence against you putting your case, and calling any witnesses you may have as part of your case. They may also advise and act for you on appeal, should there be an adverse outcome, if so instructed.
If you are instructing a barrister without a solicitor, you must be sure that:
(1) You are able to do whatever is necessary for those matters that your barrister cannot deal with under the Public Access Scheme rules; or
(2) You have made an arrangement with another person of suitable competence and experience to provide these services for you.
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For further information regarding fees see below and please conact me directly.
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Public Access Guidance for Lay Clients
Additional Guidance can also be found on the Bar Standards Website by following the bleow link
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Fees
I strive to provide a high quality personal service at highly competitive rates. I am willing to discuss any aspect fee charging in an effort to accommodate individual requirements. I am always willing to discuss individual requirements in advance and my most common practice is to charge fixed fees. As a sole practitioner I am sensitive to current market forces, and maintain an open and flexible approach to fee structures including fixed fees and hourly rates. Please contact me directly if you wish to discuss fees further I will provide a quotation of fees within a reasonable period of time providing I have sufficient information available.
I do not charge for providing a fee quote. There may be times when I will require further information to provide you with a more precise quotation, again I will not charge for this service. Providing a quotation to you is not an acceptance of your instructions. If I am unable to act for you I will tell you within a reasonable period of time.
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Meanings
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Brief Fee and refresher
A brief fee is a fixed fee which covers preparation for a hearing and the first day. A refresher is a fixed fee for each subsequent day.
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Fixed Fee
Set fee for fixed work for example £2500 for a 1 day licensing committee hearing and preparation.
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Hourly Rate
Rate quoted per every hour spent upon the matter-my standard hourly rate is £200 however this is dependant upon the nature, length, complexity of the matter and open to further discussion.
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Volume Purchase Discount
I offer a reduced fee service for volume purchases, for example you have 5 licensing applications/appeals, or you have several pieces of advice work required. Please contact me to discuss your individual requirements further.
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Timescales and Fees: Influencing Factors;
The following factors may influence the time it takes to undertake work and the fees charged, this is not a limited list;
My availability
Your availability including any travel requirements
The complexity of the matter
The amount of papers that need to be reviewed and late service/additional service of paperwork
Any additional information or documents that may be required
The approach taken by the other parties
Intervening parties and the amount of additional representations
Waiting times and unforeseen delays for example lack of court/ committee time
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VAT
Fees quoted will not be inclusive of VAT, therefore please be mindful that VAT will be added.
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Licensing Applications in relation to Business Premises -Public Access
I can advise you on the following aspects of licensing applications for your business, the sale or supply of alcohol, minor/major variations, hours, entertainment, conditions, TEN's reviews etc.
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I can also represent you when your matter is heard by the local authority licensing committee and in any appeal to the Magistrates' Court or Judicial Review
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Timescales: these can vary depending on my and your availability and the complexity of the matter.
I will aim to represent you at any hearing where possible. Any written advice/work will be undertaken within two to four weeks subject to factors including urgency and availability.
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Please note an appeal from a committee decision must be lodged with 21 days.
I do not undertake litigation and therefore you must be satisfied you can lodge documents with the court yourself.
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To assist I provide the following estimates of work-please contact me directly for a quotation as all fees will be dependant upon the individual nature of the matter, complexity, timings , pages, parties, location, urgency.
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Stage of the case Hourly fee estimates
Written advice on your application £200
Preparation including meetings and drafting £200
Licensing Committee Hearing 1 day £2500 full day
Magistrates Court Appeal 1 day £3500 full day
Including Skeleton argument
Advice on Judicial Review £250
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Please note these are estimates only and do not include VAT, contact me directly to discuss your needs.
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Additional Costs
Please be aware that exact fee estimates cannot be provided without additional information as each case is unique. However there may be a number of factors that can impact upon fees and incur additional costs. The following is provided for guidance;
Location of matter, travel, overnight stays.
The complexity of a case will impact upon fees including the late service of or additional service of paperwork. The number of conferences required.
The amount of correspondence or drafting required such as letters, additional advice work.
Adjournments of hearings will also impact upon fees as well as matters running longer than initially listed or expected.
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In a barrister’s professional work they must follow the Bar Code of Conduct. As a result, if they consider that a solicitor needs to be instructed in your own interests or for some other professional reason they will no longer be able to act for you other than on the instructions of a solicitor. If they foresee that situation arising, they will give you as much notice as possible. On occasions, they might recommend a further specialist lawyer’s opinion.
Unless there is a pre-determined agreement in place it is my strict policy to ask for fees to be paid within 30 days of receipt of the fee note. I would ask those instructing to inform me immediately if this is not going to be possible.
If you have any queries about terms please do not hesitate to contact me.
Disclaimer
In making this Website available, there is no express or implied professional relationship created between E Joan Smith and any person accessing this website. The information and commentary contained in this website does not, and is not intended to, amount to giving legal advice in any form to any person.
Any information about the professional practice and services provided by E Joan Smith is for general information only, it does not, nor is it intended take account of any individual circumstances, and may not reflect recent changes in the law. The information on this Website refers only to the law of England and Wales.
Visitors to this Website visit and use all the functions at their own risk. I accept no liability for any consequential damage caused to the user or his/her property, computer based or otherwise, or software or data, howsoever caused as a result of the visit to or use of this Website.
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Equality and Diversity-There is no unassigned work. I work alone.
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Regulated by the Bar Standards Board
Fees, Administration and Complaints
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