LAA - Can we claim for time spent typing?

Hi, is it possible to claim time spent typing attendance notes?

Yes. There are some relevant paragraphs in Legal Aid Agency, ‘Costs Assessment Guidance: for use with the 2018 Standard Civil Contracts’ (v6, October 2022).

1.28 There is no requirement that file notes should be typed up. If they are, then a reasonable time (see 2.16) may be allowed for time spent dictating a file note where it is reasonably lengthy and detailed, and relates to an attendance or notes used in preparation of the case. Costs will not be allowed for preparation of file notes solely to record time expended.

2.7 Preparation (sometimes, misleadingly, referred to as “documents”) will include all drafting of documents, consideration of documents and evidence provided by the client or other parties, and general consideration of strategy, evidence needed and evidence to be put forward and whether to make or accept offers to settle a case, and will include the thinking time of the provider. Regardless of the benchmarks below in respect of what time may be allowed in respect of preparation, providers must not claim time in excess of that actually spent.

2.15 The time allowed for drafting documents has traditionally been based on the time reasonably spent by a fee-earner dictating that document. Increasingly, however, as fee earners are likely to type their own documents, the reference to dictation time becomes less relevant. As a guideline, 6–12 minutes preparation time would be expected per page of a straightforward document, but more complex documents will take longer.

I think the reference to para 2.16 in para 1.28 is probably meant to be to para 2.15.

Thank you Jonathan.

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