Five Hidden Costs Traps That Quietly Drain Solicitor Profits - And How to Fix Them

Article provided by DMDCosts.co.uk:


Many law firms assume they lose profit only on fee earner write-offs or squeezed fixed fees. In reality, significant margins can disappear later - during the cost-recovery phase - through small, avoidable oversights. Below are five "silent killers" we see every week and how to stop them eating into your bottom line.

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1. Late-Accepted Part 36 Offers

If you serve a Part 36 and the defendant accepts out of time, you are entitled to fixed penalties: 10 % additional damages (or £75k cap), enhanced interest and indemnity-basis costs from the expiry of the offer. Many firms either forget to claim these extras or settle without recording the precise acceptance date.

Fix: diary the 21-day "relevant period" when the offer is made; calculate uplifts as soon as late acceptance arrives, and flag them in the Bill of Costs narrative.

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2. Generic Disbursement Descriptions

"Expert fees – £1,750" is an open invitation for defendants to trim. Costs Judges need to see identity, discipline and purpose.

Fix: itemise - "Audiologist (Dr Smith) £750: causation report", "Architect (Jones Design) £1,000: HDR liability survey". Defendants then must justify any cut.

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3. Multi-Defendant NIHL Restoration Fees Capped Wrongly

Company-restoration fees under Appendix 11 are recoverable per defendant. We still see firms claiming one fee across three defendants and losing two-thirds of what could have been recovered.

Fix: list each defendant company separately; cite CPR 45.1(8)(a) industrial-disease exemption to keep the full hourly rate and individual restoration costs intact.

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4. CCMS "Minor Error, Major Rejection" Loops

Legal-aid bills bounce for missing fee-earner grades, unmatched POAs, or travel over three hours with no "exceptional" note. Every rejection pushes payment back another month.

Fix: build a pre-submission checklist: correct grade ticked, expert authority uploaded, mileage explained. A 30-second check saves a 30-day wait.

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5. Pre-Issue Housing Disrepair Costs Under-Recorded

Firm wins a liability admission, but the pre-action schedule captures only solicitor time. Surveyor fees, expert photos, and two hours with the tenant are "forgotten", losing £1,000–£2,000 per file.

Fix: record every 6-minute unit from day one; serve a running cost schedule with each offer so nothing is left behind at settlement.

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The Bottom Line

These traps rarely look dramatic on a single case, yet multiplied across a department they can remove tens of thousands from annual profit. Tightening recording habits, adding a short checklist and claiming lawful uplifts restore that revenue.

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