Legal Profession Act · 2022 Revised Edition · Part 7
42. Non-contentious business agreements
Official textFrom Attorney General's Chambers, unchanged
Whether or not any rules are in force under section 41, an advocate and solicitor and his client may, before or after or in the course of the transaction of any non-contentious business by the advocate and solicitor,
advocate and solicitor
“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
Legal Profession
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make an agreement as to the remuneration of the advocate and solicitor in respect of that business.
The agreement may provide for the remuneration of the advocate and solicitor by a gross sum, or by a commission or percentage, or by a salary, or otherwise, and it may be made on the terms that the amount of the remuneration stipulated for shall or shall not include all or any disbursements made by the advocate and solicitor in respect of searches, plans, travelling, stamps, fees or other matters.
The agreement shall be in writing and signed by the person to be bound by it or his agent in that behalf.
Where the agreement is relied on by the advocate and solicitor and objected to by the client as unfair or unreasonable, the Chief Registrar may enquire into the facts and certify them to the High Court, and if from that certificate it appears just to the court that the agreement should be set aside, or the amount payable under it reduced, the court may so order and may give such consequential directions as it thinks fit.
client
“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…
Terms defined in s 2
advocate and solicitor
Defined · s 2“advocate and solicitor” means an advocate and solicitor of the Supreme Court;
Chief Registrar
Defined · s 2“Chief Registrar” means the Chief Registrar of the Supreme Court, a Registrar and a Deputy Registrar;
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;