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Rules of Practice 1994 (S.R. 1994, No. 229)
Requested:  28 Jun 2017
Consolidated as at:  17 Mar 2006

PART 7 - Remuneration

Division 1 - General provisions relating to remuneration

79. Sharing of profits

(1) A practitioner must not share profit costs from that practitioner's legal practice with a person who is not a practitioner without the approval of the Council.
(2) A practitioner may apply to the Council for approval to share profit costs with a person who is not a practitioner.
(3) The Council may –

(a) grant the approval with or without conditions; or

(b) refuse to grant the approval.

(4) An application for approval is to be –

(a) in writing; and

(b) lodged with the Executive Director.

(5) The Council may withdraw an approval at any time.

80. Charging of commission

(1) A practitioner must not charge both profit costs and commission in relation to the same work carried out for or on behalf of a client if that practitioner is also –

(a) a trustee and an executor; or

(b) a trustee; or

(c) an executor.

(2) A practitioner must not accept or charge any commission for the execution of a trust unless –

(a) the instrument creating the trust provides otherwise; or

(b) every beneficiary under the trust who may be affected by the charging of commission has given –

(i) written consent, if the beneficiary is of full legal capacity; or

(ii) the written consent of a parent or guardian, if the beneficiary is not of full legal capacity; or

(c) an order of the Supreme Court has been made authorizing the charging of commission.

(3) A practitioner must not cause or permit a person to execute a will or settlement unless that person, before executing the will or settlement, has signed a statement showing the rate or identifying the scale of commission to be charged in addition to legal professional charges if –

(a) the practitioner or a principal or an employee of that practitioner's firm is appointed under the will or settlement as –

(i) an executor; or

(ii) a trustee; or

(iii) an executor and a trustee; and

(b) the practitioner, principal or employee is entitled to a trustee's commission.

81. Restrictions on litigation loans

A practitioner must not assist a client to enter into a litigation loan agreement unless the purpose of the agreement is to pay any disbursement incurred by the practitioner on behalf of the client.

Division 2 - Remuneration relating to non-contentious business

82. Remuneration

For the purposes of this Division, remuneration does not include –

(a) the cost of stamps or paper; or

(b) counsel's fee; or

(c) auctioneer's or valuer's charges; or

(d) charges for maps or plans; or

(e) travelling or accommodation expenses; or

(f) search fees; or

(g) fees for registration or production of documents; or

(h) the cost of extracts from a register or record; or

(i) any other disbursement reasonably and properly paid by a practitioner; or

(j) fees for extra work as a result of changes occurring in the course of a transaction.

83. Application of Division

This Division applies to –

(a) any transaction in respect of land; and

(b) business connected with a sale, purchase, lease, mortgage, settlement or other conveyancing matter; and

(c) any other business which is not –

(i) an action; or

(ii) transacted in a court or in the chambers of a judge; or

(iii) other contentious business.

84. Election to enter cost agreement

(1) Before undertaking any business to which this Division applies or a transaction to which this Division applies, a practitioner may elect to receive remuneration under a cost agreement.
(2) An election is to be –

(a) in writing; and

(b) signed by the practitioner; and

(c) communicated to the client.

(3) If a practitioner does not elect to receive remuneration under a cost agreement, remuneration is payable to the practitioner in accordance with this Division.
(4) If a practitioner elects to receive remuneration under a cost agreement, this Division applies to any matter that is not covered by the cost agreement.

85. Fee for work done

(1) A practitioner may charge a reasonable fee for work done, whether or not a matter is completed.
(2) In determining the fee, a practitioner may take into account any of the following matters:

(a) the nature of the matter; and

(b) the consideration; and

(c) the time taken; and

(d) the responsibility involved on the part of the practitioner; and

(e) the complexity or the difficulty of the matter and questions raised; and

(f) the skill, work and specialized knowledge of the practitioner; and

(g) the number and importance of the documents prepared or perused; and

(h) the place where, and the circumstances in which, the business or part of the business is transacted; and

(i) the importance of the matter to the client; and

(j) the effect of the matter on any other business of the practitioner; and

(k) the amount of research and consideration of questions of law and fact required; and

(l) any other matter which the taxing officer considers proper to take into account.

86. Recommended scale of charges

A practitioner who renders an account purported to be in accordance with a recommended scale of charges published by the Society must provide the client to whom the account is rendered with a copy of that scale of charges if the client requests it.

87. Negotiation fee

(1) A practitioner may charge a reasonable negotiation fee for a transaction in respect of a mortgage or bill of sale.
(2) A negotiation fee must not exceed one per cent of the consideration involved in the transaction.
(3) In determining a negotiation fee, a practitioner may take into account –

(a) the work carried out by the practitioner; and

(b) the responsibility involved.

CURRENT VIEW: 31 Dec 1994 - 1 Oct 2016