Legal Profession (Solicitors’ Remuneration) Order

Legal Profession Act

(CHAPTER 161, Section 108)

O 1

G.N. No. S 205/1974

REVISED EDITION 1990

(25th March 1992)

[12th July 1974]

Citation

1. This Order may be cited as the Legal Profession (Solicitors’ Remuneration) Order.

Non-contentious business

2. The remuneration of a solicitor in respect of business other than contentious business as defined in the Legal Profession Act is to be regulated as follows:

(a)

in respect of sales, purchases and mortgages completed, the remuneration of the solicitor having the conduct of the business whether for the vendor, purchaser, mortgagor or mortgagee shall be in accordance with the First Schedule;

(b)

in respect of —

(i)

leases and agreements for leases of properties used wholly for residential purposes, or conveyances reserving rent, or agreements for the conveyances reserving rent, when the transactions in respect of such properties shall have been completed, the remuneration of the solicitor having the conduct of the business shall be in accordance with the Second Schedule; and

(ii)

leases and agreements for leases of immovable properties used wholly or partly for non-residential purposes, or conveyances reserving rent, or agreements for the conveyances reserving rent, when the transactions in respect of such properties shall have been completed, the remuneration of the solicitor having the conduct of the business shall be as agreed between the solicitor and the party for whom the solicitor is acting, and in coming to such agreement, regard may be given to the Second Schedule;

(c)

in respect of reconveyances or reassignments pertaining to mortgaged properties when the transactions shall have been completed, the remuneration of the solicitor having the conduct of the business shall be in accordance with the Third Schedule;

(d)

in respect of debentures by way of a fixed or floating charge, the remuneration of the solicitor having the conduct of and completing the business whether for the lender or the borrower shall be as agreed between the solicitor and the party for whom the solicitor is acting, and in coming to such agreement, regard may be given to the Fourth Schedule;

(e)

in respect of production of title deeds, statutory declarations in respect of non-revocation of power of attorney, and witnessing of miscellaneous documents, the remuneration of the solicitor having the conduct of such matters shall be in accordance with the charges prescribed in the Fifth Schedule; and

(f)

all non-contentious work for which no provision is made by means of a scale or fixed sum shall be regulated in accordance with the Sixth Schedule.

Remuneration

3. The remuneration prescribed by the Schedules does not include stamp fees, counsel’s fees, auctioneer’s or valuer’s charges, travelling or hotel expenses, fees paid on searches or registration, costs of extracts from any register or record, or other disbursements reasonably and properly paid, nor does it include the cost of any extra work, or any business of a contentious nature, nor any proceedings in any Court, but it shall include the cost of the registration of documents requiring registration, allowances for the time of the solicitor and his clerks, and charges for usual copying and stationery and all other similar disbursements.

Additional remuneration for special exertion

4. In respect of any business which is required to be, and is, by special exertion, carried through in an exceptionally short space of time, a solicitor may charge additional remuneration for the special exertion according to the circumstances.

Solicitor may accept security for amount due to him from client

5. A solicitor may accept from his client and a client may give to his solicitor, security for the amount to become due to the solicitor for business to be transacted by him and for interest on such amount, but so that interest is not to commence till the amount due is ascertained either by agreement or by taxation.

Interest

6. A solicitor may charge interest at 8% per annum on his disbursements and costs whether by scale or otherwise from the expiration of one month from demand from the client and in cases where the disbursements and costs are payable by any infant or out of a fund not presently available the demand may be made on the parent or guardian or the trustee or other person liable.

Transitional

7. In respect of any business for which instructions have veen accepted before 1st January 1996, the Legal Profession (Solicitor’s Remuneration) Order [O 1, 1990 Ed.] in force immediately before 1st January 1996 shall continue to apply as if this Order had not been made.

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