Ordinance No. 1 of 1871.
Exclusion of agreement void in bankruptcy. [83 & 34 Vict. c. 28 s. 12.] [cf. No. 7 of 1891.]
Provision in case of death or incapacity of solicitor making agreement. [ib. s. 13.]
Change of solicitor after agreement. [ib. s. 14.]
LEGAL PRACTITIONERS.
Agreement by which a solicitor retained or employed to prosecute any action or proceeding stipulates for payment only in the event of success in such action or proceeding.
42. Nothing in this Ordinance shall give validity to any disposition, contract, settlement, conveyance, delivery, dealing, or transfer which may be void or invalid against a trustee or creditor in bankruptcy, arrangement, or composition, under the provisions of the laws relating to bankruptcy.
43.—(1) Where a solicitor has made an agreement with his client in pursuance of the provisions of this Ordinance, and anything has been done by such solicitor under the agreement, and before the agreement has been completely performed by him such solicitor dies or becomes incapable to act, an application may be made to the Court by any party to the agreement or by the representative of any such party, and the Court shall thereupon have the same power to enforce or set aside the agreement so far as the same may have been acted upon, as if such death or incapacity had not happened.
(2) The Court, if it deems the agreement to be in all respects fair and reasonable, may order the amount due in respect of the past performance of the agreement to be ascertained by taxation; and the taxing officer, in ascertaining such amount, shall have regard, so far as may be, to the terms of the agreement; and payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the solicitor.
44.—(1) If, after any such agreement as aforesaid has been made, the client changes his solicitor before the conclusion of the business to which the agreement relates (which he shall be at liberty to do, notwithstanding the agreement), the solicitor with whom the agreement was made shall be deemed to have become incapable to act under the same within the meaning of the last section.
(2) On any order being made for taxation of the amount due to such solicitor in respect of the past performance of the agreement, the Court shall direct the taxing officer to have regard to the circumstances under which such change of solicitors has taken place; and, on such taxation, the solicitor shall not be deemed entitled to the full amount of the remuneration agreed to be paid to him, unless...
* As amended by No. 62 of 1911.
* As amended by No. 50 of 1911.