Contingency Fees

Recovery of Costs
Need a bill of cost to sue

Where Attorney's payment

is contingent on client
receiving award through
judgement or settlement in
his favour
Criticized as
unethical since
it can result in
interests between
attorney and the client
Could lead to inappropriate
practice in order to succeed
- bribery, tampering,
misrepresenting facts
In the UK - was illegal
"for Champerty"
however, valid by
Statute in 1993
Canon IV(f) provides
that in determining whether
fees are reasonable consider whether fixed
or contingent - suggest
that it is allowed in Jamaica

-signed by Attorney
-delivered to client
-within prescribed
period prior to filing
suit
ss 21 - 28 Legal Profession Act

Remuneration

If No Bill of Cost Attorney may sue

where probable cause to
believe party is about to
leave jurisdiction
party is about to
become bankrupt
Party is about to do
any other act which
would tend to
prevent/delay payment

Attorney is bound by
bill
Cannot
withdraw it unless
special circumstance
and Attorney
clearly acted
honestly
Chappel v Mehta
[where solicitor's previous
bill didnt deal with counsel
fees and application
was made to court to
withdraw and issue
a new one - allowed since no
evidence of deceit]

Restrictions on
Charging
Remuneration
Where attorney is not
holder of current practicing
certificate
Where attorney is acting
for himself - such costs
does not exists
LondonScottish Benefit
Society v Chorley

Where attorney is under a

disability imposed by law
(e.g Trustee/fiduciary duties)
Re: Doody,
Fisher v Doody
[No person with fiduciary dutties
shall make profitof them by
employing himself
because in doing so,
he cannot perform one
part of his trust, namely
that to ensure that no
improper charges are made]

Exceptions

Charging Clause in
the trust/will instrument
providing for remuneration
Re Chapple Newton v Chapman

In Litigation
Craddock v Piper

Cestui que Trust

Agent for Attorney/Trustee
Re Burge v Brutton

Partners of Attorney/Trustee

Non Entire Contracts

Bill of Costs may be
split up and sent in
various portions in
certain circumstances
e.g long proceedings
or proceedings with
many distinct natural
breaks
Romer
& Haslam

Expectations
Attorney must be
remunerated for work
Agreement for Remuneration
apply the rules
relating to entire
and non-entire contracts
Clients specific approval
should be obtained
prior to unusual expenses
or charges
Agreements for remuneration
between attorney and
client should be clear,
unambiguous and preferably
in writing
ambiguities or anomalies
will be resolved in favour
of the clientCONTRA PROFARENTUM
RULE

Client Approval
for Unusual
Expenses
Must get special authority
for unusual expenses and
inform client whether
he can recover
the expenses as costs
Blythe
v Fanshawe
[shorthand typist unusual
expense; solicitor wasnt
able to recover these
costs from client]

Attorney must be
remunerated for work
Once attorney retained
he must be remunerated
for professional work
done
Adams
v London Improved
Motor Coach
[even where no formal
written retainer; once
attorney acts for client
with client's knowledge
and assent]

The fees an attorney may charge

should be fair and reasonable
Canon
4(f) Legal Profession (Canons
of Professional Ethics)
Rules, 1998
[list factors in considering
fairness and reasonableness]
(i) the time and labour required, the novelty
and difficulty of the questions
involved and the skill required
to perform the legal services properly;
(ii) the likelihood that the acceptance
of the particular employment will preclude
other employment by the Attorney;
(iii) the fee customarily charged
in the locality for similar legal services;
(iv) the amount, if any, involved;
(v) the time limit imposed by
the client or by the circumstances;
(vi) the nature and length of
the professional relationship
with the client;
(vii) the experience, reputation
and ability of the Attorney concerned;
(viii) whether the fee is fixed or contingent;
(ix) any scale of fees or recommended