10 Legal Practitioners Remuneration (For Business, Legal Service And Representation) Order 2023

Paragraph 10 of the Legal Practitioners Remuneration (For Business, Legal Service And Representation) Order 2023 is about Legal practitioner charging remuneration lower than as prescribed in Scales 1 to 5. It provides as follows:

(1) Where a legal practitioner intends to charge or agree to any remuneration for any business or service which is lower than the amount specified for any of the businesses or services in Scales 1 to 5, he shall within 2 days of receiving such instructions from the client-

(a) apply to the Remuneration Committee of the Bar Association for an approval or refusal of the proposed remuneration; and
(b) attach an affidavit disclosing the facts and circumstances necessitating the intention to charge the lower remuneration.

(2) Upon receipt of any communication from a legal practitioner with respect to the intention to charge a lower remuneration, the Remuneration Committee of
the Bar Association shall investigate the claims within 7 days and either approve or refuse the application.

(3) The Remuneration Committee shall inform the legal practitioner of its decision within 2 days of reaching a decision and the legal practitioner shall comply accordingly.

(4) An application made under this paragraph shall not prevent the legal practitioner concerned from commencing or continuing work on the business while awaiting the decision of the Remuneration Committee.

(5) Where the Remuneration Committee rejects the application, the legal
practitioner shall-
(a) issue to his client, a written terms of engagement detailing the work covered by the client’s instruction and the appropriate fees payable as prescribed in scales 1 to 5 set out in the Schedule to this Order; and
(b) attach a copy of the decision of the Remuneration Committee.

(6) Where the Remuneration Committee fails to reach a decision or convey its decision on an application made under this paragraph within the stated period, the application shall be deemed to have been granted.

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