Legal Profession Act · 2022 Revised Edition · Part 7
41. Rules as to remuneration for non-contentious business
Official textFrom Attorney General's Chambers, unchanged
The Chief Justice may make rules prescribing and regulating in such manner as he may think fit the remuneration of advocates and solicitors in respect of non-contentious business.
non-contentious business
“non-contentious business” means any business done as an advocate and solicitor which is not contentious business as defined by this section;
Rules made under this section may prescribe the mode of remuneration of advocates and solicitors in respect of non-contentious business by providing that they shall be remunerated —
according to a scale of rates of commission or a scale of percentages, varying or not in different classes of business; or
by a gross sum; or
by a fixed sum for each document prepared or perused, without regard to length; or
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in any other mode; or
partly in one mode and partly in another.
Rules made under this section may authorise and regulate the amount of such remuneration with reference to all or any of the following among other, considerations, that is to say —
the position of the party for whom the advocate and solicitor is concerned in the business, that is, whether he is vendor or purchaser, lessor or lessee, mortgagor or mortgagee, or the like;
the place where, and the circumstances which, the business or any part of it is transacted;
the amount of the capital money or rent to which the business relates;
the skill, labour and responsibility on the part of the advocate and solicitor which the business involves;
the number and importance of the documents prepared or perused, without regard to length.
Rules made under this section may authorise and regulate —
the taking by an advocate and solicitor from his client of security for payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him under any such rules; and
the allowance of interest.
So long as rules made under this section are in operation and taxation of bills of costs of advocates and solicitors in respect of non-contentious business shall, subject to the provisions of section 42, be regulated by such rules.
Terms defined in s 2
advocate and solicitor
Defined · s 2“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
client
Defined · s 2“client” includes — (a) in relation to contentious business, any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, an advocate and solicitor, and any person who is or may be liable to pay an advocate and solicitor’s costs; * Please refer to N 1 ** Please refer to N 2 *** Please refer to N 3…
non-contentious business
Defined · s 2“non-contentious business” means any business done as an advocate and solicitor which is not contentious business as defined by this section;