106
No. 1 of 1871.
LEGAL PRACTITIONERS.
Provision in case of death or incapacity of solicitor making agreement.
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 33 & 34 Vict. such solicitor dies or becomes incapable of acting, 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.
33 & 34 Vict. c. 28, s. 13.
Change of solicitor after agreement.
33 & 34 Vict. c. 28, s. 14.
Exemption of agreement from taxation
(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 of acting under the same within the meaning of section 43.
(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 it appears that there has been no default, negligence, improper delay, or other conduct on his part affording reasonable ground to the client for such change of solicitors.
45. Except as in this Ordinance provided, the bill of a solicitor for the amount due under an agreement made in pursuance of the provisions of this Ordinance shall not be subject to any taxation or to the provisions of the Solicitors