What happens if my barrister identifies extra work after the quote?

Direct access barristers usually quote a fixed fee based on the information available at the time of instruction. Sometimes, once the barrister starts work on the case, they identify work that was not anticipated. This raises a question: do you have to pay extra, and how is that handled?

This guide explains how additional work is dealt with within a fixed fee engagement, when extra fees are reasonable and how to keep control of costs.

Why might extra work be identified?

Several common reasons:

The bundle is bigger than expected

The quote is often based on an estimate of bundle size. If the actual bundle is significantly larger (say, double what was indicated), the barrister will need more time to read it properly.

New evidence is disclosed

The other side may disclose additional documents close to the hearing. These need to be read and considered, and may need to be responded to.

A new application is made

If the other side issues a new application (for example, an application for a costs order or for additional disclosure), this falls outside the original scope.

The case is more complex than it appeared

Sometimes the legal or factual issues turn out to be more involved than was apparent from the initial summary.

Settlement negotiations

If detailed settlement correspondence becomes necessary, this is usually outside the standard hearing engagement.

Drafting unanticipated documents

If the case develops in a way that requires unexpected documents (for example, a Position Statement for a hearing that was not previously listed), this is additional work.

What the engagement letter should say

A well-drafted engagement letter (or client care letter) should specifically address how additional work is handled. It will typically say something like:

• The fixed fee covers the work set out in the scope
• Any work outside the scope will be charged separately
• Additional work will be discussed and agreed with the client before being undertaken
• Additional fees will be charged on a fixed fee or hourly basis as agreed

The key protection is that additional work should be discussed and agreed before it is done. You should not receive an unexpected invoice for work you did not approve.

How the conversation usually works

If the barrister identifies extra work, they will typically:

1. Contact you to explain what additional work is needed
2. Explain why it is needed and what would happen if it was not done
3. Provide an estimate or fixed fee for the additional work
4. Ask for your authorisation before proceeding

You can then decide whether to proceed, whether to do the work yourself, or whether to take a different approach.

Common types of additional work

Reviewing late disclosure

If the other side discloses important documents shortly before the hearing, the barrister may need to review them. A small additional fee may apply.

Responding to a new application

If the other side issues a new application, the barrister may need to draft a response or attend a separate hearing.

Additional conferences

If the case develops and you need an additional conference, this may be outside the original scope. Many barristers will offer a short follow-up conference within reason as part of the original fee.

Settlement negotiations

Detailed settlement correspondence or a round-table meeting is usually treated as additional work.

Drafting additional documents

Position statements, skeleton arguments, witness statements or letters not originally scoped will usually be charged separately.

How additional fees are usually charged

Most barristers prefer to give a fixed fee for additional work, just as they do for the original engagement. The fixed fee gives you cost certainty.

Where the additional work is genuinely open-ended (for example, ongoing correspondence over several weeks), it may be charged hourly. The hourly rate should be set out in the engagement letter or agreed at the point the extra work is required.

For unexpected work close to a hearing, a short additional fixed fee is the most common approach. For example, "an additional £350 plus VAT for review of the disclosure and response".

How to keep control of costs

Be specific in your original brief

The more detail you give the barrister at the outset, the more accurate the original quote. Mention the bundle size, the complexity of the case, the number of parties and any unusual features.

Ask for the engagement letter to be clear

The engagement letter should set out exactly what is included and what is not. If anything is unclear, ask for clarification before agreeing.

Authorise additional work in writing

If extra work is needed, ask for it to be confirmed in writing with the cost. This avoids confusion later.

Decide what is essential

Some additional work is essential. Some is desirable but not strictly necessary. Discuss with the barrister what the priorities are.

Consider doing some work yourself

For some additional tasks (gathering documents, organising the bundle, taking notes during the conference), you can do the work yourself rather than paying the barrister. The barrister should be willing to explain what you can sensibly handle.

When extra fees are not reasonable

Not every situation justifies additional fees. Examples where extra fees would not usually be reasonable:

• Work the barrister should have anticipated from the original brief
• Short additional emails or queries that fall within normal client communication
• Time spent reading documents that were always going to be part of the bundle
• Standard preparation time that is part of any hearing engagement

If you receive a request for additional fees that seems unjustified, ask for an explanation. Reputable barristers will be able to explain why the work falls outside the original scope.

What if you cannot afford the additional work?

If extra work is identified and you cannot afford it, options include:

• Doing the work yourself
• Asking the barrister to prioritise the most important elements
• Considering whether the case can be approached differently
• Seeking pro bono support from organisations like Advocate or law clinics

The barrister will usually be willing to discuss alternatives. The key is open communication about what is affordable.

How Barrister Connect handles this

Quotes provided through Barrister Connect are designed to be comprehensive and clear from the outset. We work with our panel of barristers to ensure quotes accurately reflect the work needed. Where additional work is identified, the barrister will discuss it with you before proceeding. There are no surprise invoices.

Speak to someone who handles cases like this

If you have a hearing coming up or want a clear view of your options, a direct access barrister can usually advise quickly and on a fixed fee. Contact our team with a brief outline of your case and we will arrange a quote.