Τι
188
Modification of rulea relating to solicitors.
Character of
service con-
sidered in
taxation of costs.
·
Right of
client to
obtain
taxation of costa without order of reference.
Charging of property .recovered or
preserved
with pay. ment of coats.
No. 1 of 1871.
LEGAL PRACTITIONERS.
(2) A barrister may, without the intervention of a solicitor, ap pear for a client in all criminal proceedings before the Court, and in all civil proceedings in the Court in its Summary Jurisdiction, and in all proceedings whatever before any Court of inferior jurisdic- tion.
(8) A barrister may receive fees directly from a client for pro- fessional business which he may transact without the intervention of a solicitor.
(4) No barrister shall practise as a notary public.
30. (1) A solicitor may practise as an advocate in the Court in its Summary Jurisdiction,
(2) No solicitor who is admitted and enrolled shall, while in the employment of another solicitor, practise on his own account or in his own name or transact any legal business otherwise than as clerk
to such other solicitor.
Taxation and recovery of solicitors' costs.
31. On any taxation of costs, the taxing officer may, in deter- unining the remuneration, if any, to be allowed to a solicitor for his services, have regard, subject to any general rules or orders, to the skill, labour, and responsibility involved.
32. If any person is desirous of obtaining, under section 51, the taxation of a bill of fees, charges, or disbursements, for any busi- ness whatsoever done by a solicitor, whether in an action or not in an action or relating thereto, it shall not be necessary for such person to apply to the Court for any order in that behalf; but he shall be at liberty to refer such bill of his own authority to the Registrar or other taxing officer of the Court, who shall thereupon proceed to tax the same in like manner as he would have done under an order of reference for that purpose in conformity with the enactments referred to in section 51.
33. (1) In every case in which a solicitor is employed to pro- secute or defend any action, matter, or proceeding in Court, it shall be lawful for the Court to declare such solicitor entitled to a charge upon the property recovered or preserved, and, on such declaration
[29 & 24 Vict. being made, such solicitor shall have a charge upon and against, c. 127 B. 28.]
*
* As amended by No. 62 of 1911.
† As amended by No. 62 of 1911 and No. 68 of 1911.
LEGAL PRACTITIONERS.
No. 1 of 1871.
189
and a right to payment out of the property, of whatsoever nature, tenure, or kind the same may be, which may have been recovered or preserved through the instrumentality of such solicitor, for the taxed costs of or in referesico to such action, matter, or proceeding. (2) It shall be lawful for the Court to make such order for taxation
of and for raising and payment of such costs out of the said property as to the Court may appear just and proper.
(3) All conveyances and acts done to defeat, or which may operate to defeat, such charge or right shall, unless made to a bond fide purchaser for value without notice, be absolutely void and of no effect as against such charge or right:
Provided always that no such order shall be made by the Court in any case in which the right to recover payment of such costs is barred by any statute of limitations.
Remuneration of solicitors.
ramuneration
34. A solicitor may make an agreement in writing with his client Fixing of respecting the amount and manner of payment for the whole or of solicitor by any part of any past or future costs in respect of business done or agreement.
[89 & 94 Fict. to be done by such solicitor, whether as a solicitor or as an advocate d. 28. 4.] or conveyancer, either by a gross sum, or by commission or percent- age, or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and condi- tions contained in this Ordinance: Provided always that when any such agreement is made in respect of business done or to be done in any action, the amount payable under the agreement shall not be recovereable by the solicitor until the agreement has been examined and allowed by a taxing officer of the Court; and if it appears to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of the Court to be taken thereon by motion or petition; and the Court shall have power either to reduce the amount payable under the agreement or to order the agreement to be cancelled and the costs in respect of the business done to be taxed in the same manner and according to the same rules as if such agreement had not been made.
35. Such an agreement shall not affect the amount of, or any Saving of rights or remedies for the recovery of, any costs recoverable from interests of
third parties. the client by any other person or payable to the client by any other [ib. n. 6.]
As amended by No. 68 of 11.
289
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