www.NoComment.Law

We tend to instruct by text. Ignore the ones you cannot cover but text us if you want to cover the job.
Keep us in the loop! If you are running late please let us know.
If you need anything at any time please call us. We are here to help.
Invoice, Copy Notes and Results to No Comment
Hard Copy Notes to the firm by Post

NOTES

The job ain't finished tillthe notes are done. Do the notes immediatley!
Login to NoComment.Law
Click on 'All My Jobs'
From the table click on the grey invoice button
Enter your times, disbs and mileage and click Save Report
Click Write Report. Complete the form and click Save Report.
Print the Covering Letter
Post the hard coopy notes to the firm.
Click Write Invoice to create your invoice
Thats it!

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Forms

You should always complete the online declaration form for all cleints and capture all the finacial information that used to go into the CDS14 & 15 in your notes. We would prefer you to use our forms. But we will always try to work our way around you. You can find all the forms here at NoComment.Law/forms

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When Will I be Paid?

We pay as soon as we are in funds. None of these are terribly old but I will chase them up in any case. Across the board we average about 50 odd days from instruction to payment but obviously some firms pay quicker than others. Its all published on our site so that you are fully aware of what's going on. But if there are any issues do please feel free to contact us at any time.

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Terms and Conditions

You can read our Terms & Conditions here on https://www.nocomment.law/t&c but its all pretty straight forward stuff that you would expect. We are not a bunch of clipboard rule maniacs. If there are problems just call us.

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Contacting No Comment

You can contact No Comment in a variety of ways. We are always open and happy to hear from you:
Tel: 07534 533 070
Email: Mat@NoComment.Law
Web form: NoComment.Law/contact

No Comment Legal Services Ltd,
3 Rockleigh, Hertford,
Hertfordshire SG14 1LS

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Double Bubble - Can I Claim Two Fees?

Second Fees used to be very common but it is a great deal more difficult to get them these days.
Can you claim two fees? Probably not...

There is a great deal of confusion surrounding this issue. But its pretty straight forward now. Hopefully, we can try to make the position clear. In summary claiming a second fee is very, very rare.

RULE OF THUMB:
Put very simply a second police station fee will be payable only when there are:
TWO DISPOSALS AND
TWO DISTINCT MATTERS AND
TWO NECESSARY ATTENDANCES AND
TWO PERIODS OF DETENTION

THE RULES:
Under the General Crime Contract you would expect two fees to be payable where the matter would attract two distinct legal aid certificates. But the LAA do not assess bills as one would expect. The LAA guidance is pretty clear. As a starting point a second fee is only going to be paid where there were two distinct disposals. Where one matter is bailed and the other charged that will attract two bills. But the second fee only kicks in if there is a second attendance. The second attendance must be justified. If a client is to be rebailed or charged you cannot attend simply to claim a second fee. The second fee is only available where the second attendance is necessary. Neither NFA or caution are considered to be separate disposals.

THE LAA GUIDANCE:
The rules are contained in the Criminal Bills Assessment Manual. You can download the whole document here or just s5.9 which is the relevant section:

s5.9 Criminal Bills Assessment Manual (June 2018)

Criminal Bills Assessment Manual (June 2018)

QUICK CHECK LIST:Below is a list of the situations where reps often think they are entitled to a second fee. Second fees are now rare. A second fee needs two attendances and two matters.
SCENARIO
One Continuous Period of Custody - NO
Second attendance during one continuous period of custody - NO
Second interview for a different matter during one continuous period of custody - NO
Second interview with a different police forces during one continuous period of custody - NO
Further arrested for new matters during one continuous period of custody - NO
Two Disposals but one attendance - NO
Two Disposals but one was NFA - NO
Two Disposals but one was a Caution - NO
Second attendance for charge only - NO
Second attendance for rebail only - NO
Second attendance for ID Capture only - NO
Second attendance for an interview for a separate matter - YES!

One continuous period of custody means the client was not released even if that means he was held overnight and was in custody over several dates. If your go to a second interview during that period there is no second fee. But you are still ethically obliged to attend. You cannot refuse to attend on a client under those circumstances. Our primary duty is always to the client not our wallets.

The Double Bubble campaign poster should help you and your colleages get to grips with the terms of the crime contract. Please feel free to download and distribute it.

SO WHAT CHANGED?:
We often hear reps complaining that a second fee should be payable as it has been paid under the same circumstances in the past. That is true. The Crime Contract has not changed much and second fees were relatively common until recently. But the contract was never uniformly applied across England & Wales. Different LAA areas always understood the contract in different ways. But since June 2018 the approach has been increasingly consistent. Second fees are now very rare.

The confusion amoungst solicitors and reps arises because the way the contract has been implemented by the LAA has developed over time. The LAA used to pay a second fee in a wide variety of circusmtatnces. Its just not paying them now. A second fee is only going to be paid where there are two disposal and two necessary attendances.

The LAA are clearly under pressure to spend less money. Legal Aid is harder to obtain at court and mileage claims are now scrutinised to a faintly ridiculous degree. This push to keep a lid on Legal Aid spending is not gonig to end any time soon.

JUSTIFIED & NECESSARY

Two bills can still be claimed but generally only if there are two attendances. The second needs to be a necessary and justified attendance. Clearly a second interview would be necesasry and justified. To attend a client for a second time for a rebail or charge is rarely necessary but it could be; justification would be that the client is vulnerable or you could not get the determination of the case in advance from the police.

BUT EVEN IF YOU CAN CLAIM...
Not only are the LAA simply not paying second fees but most firms are simply not claiming them.A word of warning: although you may think a second bill is appropriate your instructing solicitor may not actually claim it. The firm may agree with you in principal and still not claim a second fee. Much of a firm's billing is down to a its relationship with the LAA. Its a relationship they do not want to jeapardise. They are not going to sue the LAA. They are not going to argue for a second fee. They will not put up a fight on your behalf.

Don't forget the firm has only 48 hours to obtain the second DSCC. No reference, no fee! You should always talk to your instructing solicitor and get them on board first.

Hopefully that answers your question in a clear as mud sort of way! If you need any help with a particular situation please feel to email me with the details of the case.

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Mileage & Disbs

Outside of office hours you can claim up to 45p for mileage. Mileage payments up to 40p are taxfree. Everything over 40p is taxable as income.

Inside office hours Mileage is the distance from the instructing solicitors office to the venue or the actual mileage, whichever is the shortest. The expectation is that you will use public transport. You can still use you own car but payments are capped at 25p per mile. To claim 45p per mile you will need to show a justification. The Criminal Bills Assessment Manual gives the following reasons:

Getting to the station within 45 minutes.
Security & Confidentiality: sensitive material that you carry must be safe from interference or theft.
Carrying large numer of bulky documents.
No public transport available.
Use of a private motor vehicle was otherwise reasonable

The LAA are trying to crack down on inflated or spurious travel claims. They are being a bit nutty and are querying even very small claims. Invoices & receipts should always be produced in support of claims for travel expenses. Under the contract, claims for for travel of up to £20 do not require receipts but even those are being queried so it is best to keep all reciepts with your notes.

Its vital that reps have a clear understanding of what can and cannot be claimed. The Boris campaign poster should help you and your colleages get to grips with the terms of the crime contract. BORIS is a simple 5 letter mnemonic to get it right every time.

B - Budget for Buses: The presumption is travel will cost no more that the public transport cost

O - Outside Office Hours: You can claim up to 45p for mileage.

R - Receipts: Evidence is essential. Keep receipts and note it in your report

I - Inside Office Hours: Mileage is the distance from the instructing solicitors office or the actual mileage, whichever is the shortest and capped at 25p

S - Share: Do not double claim. If you have three clients, apportion the travel costs

If it helps, please feel free to distribute thsi Boris Campaign image that has been provided by those lovely people over at No Comment, the largest police station rep agency in the UK.

Below is a copy of the Criminal Bills Assessment Manual which you will find a terrific and thrilling read. Take a look at s3.9 Travel and Waiting. There are three versions but they are all identical just in different formats. If you can't open one then try another. If you cannot open any of them or need them in a different format please feel free to get in touch:

pdf

docx

odt

Example s9 Statement

Occasionaly you will be asked to provide a s9 statement. Here is an example to use as a template. They are all identical but in different formats. If you can't open one then try another:

pdf

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HELP FOR INSTRUCTING SOLICITORS
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OTHER FORMS

Priviledge Waiver	Priviledge Waiver	Priviledge Waiver
Initial Call Record.odt	Initial Call Record.pdf	Initial Call Record.doc

NOCOMMENT
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LEGAL AID FORMS (Updated May 2018)

You can download these forms from the LAA website.

Consent: Online LA Form
This form allows the firm to lodge Legal Aid forms online. Every client should sign this form. Even though the CRM14 and 15 are no longer used you still need to gather all the information. To that end the forms are reproduced here. The best way to get the client signature and complete the financial questions is to download the No Comment app.

CRM1: Clients Details
Despite fixed fees it is still essential to complete this form with every new client as solicitors can still use the form to claim some money outside of Legal Aid.

CRM2: Application for Advice & Assistance
As Above. If the client is under 16 years of age the details on the form have to be those of the client's parent or guardian.

CRM14: Application for Legal Aid in Criminal Proceedings
Even though the CRM14 and 15 are no longer used you still need to gather all the information. To that end the forms are reproduced here. The best way to get the client signature and complete the financial questions is to download the No Comment app.

CRM15: Financial Statement
Even though the CRM14 and 15 are no longer used you still need to gather all the information. To that end the forms are reproduced here. The best way to get the client signature and complete the financial questions is to download the No Comment app.

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PRO FORMA s9 STATEMENTS

Occasionaly you will be asked to provide a s9 statement. Here is an example to use as a template. They are all identical but in different formats. If you can't open one then try another:
ODT format	PDF format	DOC format

NOCOMMENT
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CPD RECORD

Continuing Professional Development (CPD) has changed and you no longer need to get a certain number of points. Basically its now all self-assement. You have to review your strengths and weaknesses and then make a plan based on the training you think you need. Finally you keep a record of the development you undertook along with the reasons and its effectiveness. The SRA guidelines are below. Its all a bit wholly but its a pretty sensible approach. Our Suggested Proformas are below. If you have a better one do please send it to us. SRA Competence Guidelines: sra competence SRACompetence Toolkit: sra toolkit
CPD Template.odt	CPD Template.pdf	CPD Template.doc
CPD Plan.odt	CPD Plan.pdf	CPD Plan.doc

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DUTY SOLICITOR COMPLIANCE RECORD

To maintain qualification as a Duty Solicitor you are required to do the following: 2 Hours CPD annually 4 Duty slots per annum 14 hours Contract Work per week 36 Total attendances per year made up of: 12 Magistrates court hearings (3 per quarter) 12 Police Station attendances (3 per quarter) and 12 of court or police station (any time)
Compliance Template.odt	Compliance Template.pdf	Compliance Template.doc

NOCOMMENT
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COURT FORMS

Feel free to download and use our Court Attendance forms.
Court Attendance Template (Open Office Format)	Court Attendance Template (PDF Format)	Court Attendance Template (Windows Office Format)
Court Duty (Open Office Format)	Court Duty (PDF Format)	Court Duty (Windows Office Format)