So, why a career in costs?

Associate, Elizabeth King, explains how she arrived in the costs team and champions the rewarding aspects of this area of law!

You’d be forgiven for wondering why one would choose a career in costs. After all, not many school children dream of drafting points of dispute, and not many law graduates are filled with the purpose of resolving legal costs disputes. It’s not mentioned at all at degree level and brushed past in the Legal Practice Course and the Bar Vocational Course (BVC) - confined to an afternoon lecture, or two questions in a civil litigation exam.

Many “fall into” a career in costs, gravitating from another area of law, or being asked to fill a skills gap. Some dabble in costs on their own files and never look back. I actively sought a career in costs - and I’m so glad I did! Here’s why:

I graduated university and dutifully completed the BVC. I took up a paralegal role in a credit hire team and was soon at Keoghs defending personal injury claims. I started to notice client alerts coming out of the costs team at Keoghs. Cases such as O’Beirne v Hudson and Thomas v Cardiff were regularly bandied around and I was proud to work for the firm responsible.

I became aware that the costs team were taking technical legal points and running with them. Like many outside the world of costs, I hadn’t given much thought to what the costs team did. I imagined the job to revolve around number crunching and horse-trading. I didn’t expect costs fee-earners to be setting legal precedents or impacting on the litigation landscape to such a huge extent. I wanted to be amongst them and learn of their ways.

Lucky me! The costs team were recruiting and after an interview I was offered a role working in the non-delegated authority team. Seven short years later and I’m still proud to be part of the Keoghs costs team. Costs has never disappointed and it’s certainly not been dull.

So far in my relatively short career in costs, I have seen huge changes such as the introduction and expansion of fixed fast-track costs; costs budgeting; QOCS and LASPO and smaller changes such as the extension of Part 36 into detailed assessments and the introduction of provisional assessments.

Each of these new reforms has changed the way we work, not just in costs but across litigation. They have brought new battle-grounds and scope for more technical arguments and precedent-setting. They have forced us to tweak our tactics and react to new innovations from the claimant market.

In the realm of costs, the battles are always hard-fought. It’s personal. You’re not negotiating with an independent legal adviser anymore, you’re up against a stakeholder who views the costs as their own money. At the very least, your opponent will have a financial target linked to the amount recovered. At most, you’ll be dealing with a partner who has their eye on their livelihood.

Opponents who have spent the whole of the substantive claim arguing that the matter is quite straightforward and sure to succeed will about-turn, adamant that the same matter was entirely complex and doomed to failure when the success fee or hourly rate are to be determined.

It’s no less important for defendants and their insurers. Legal costs usually out-weigh damages. A small saving on every file can mean a huge saving over the profile of work. Costs can act as a powerful tool in litigation, promoting settlements and deterring poor conduct.

The costs unit has evolved with each change. We’ve up-skilled in advocacy; become experts in fixed-costs - making savings where you might not expect; mastered budgeting and won new work unaffected (so far) by the major quakes.

In this time, I’ve also seen changes in my career. I’ve worked on ever-increasing value claims, sampled costs budgeting and now manage a team of incredibly able and technical handlers. I’ve been lucky enough to see files from all over our diverse business.

In my current team, we receive instructions from other firms of solicitors to resolve costs in far-ranging cases. These include clinical negligence, judicial review, personal injury and tax law, to name a few! How many other roles give fee-earners exposure to such a diverse range of work? I’ve gained experience in negotiation, drafting technical and bespoke pleadings, advocacy, supervision and management. Costs handlers must understand the whole litigation process, from cradle to grave. They need to know if the correct procedure has been used to start a claim and to resolve it and are well-versed in the consequences of those falling short.

Overall, I have been impressed with the people and culture in costs. I have found my colleagues (and, yes, even some opponents) to be warm, pragmatic, capable and technical. We’re quite a small community where everyone knows everyone else. It seems that in most cases, however, people have fallen into costs, and it’s hard to get out. I hope I’ve shown why.

Elizabeth King
01204 677000
eking@keoghs.co.uk