Malaysia legislation
Section 113
Section 113
(a)
the Chief Judge or a Judge of the High Court nominated by the Chief Judge (in this section referred to as “the Chief
Judge or his nominee”);
(b)
the Attorney General or a member of the Attorney
General’s Chambers nominated by the Attorney General;
(c)
the Chief Registrar or a Senior Assistant Registrar nominated by the Chief Registrar;
(d)
four advocates and solicitors nominated by the Bar
Council.
(2)
The Solicitors Costs Committee shall be convened by the Chief
Judge at the request of any of its members.
(3)
The Solicitors Costs Committee or any four of the members of the Committee (the Chief Judge or his nominee being one) may make general orders prescribing and regulating in any manner as they think fair and reasonable the remuneration of advocates and solicitors in respect of non-contentious business and any order made under this section may revoke or alter any previous order so made.
(4)
An order made under this section may, as regards the mode of remuneration, prescribe that it shall be according to a scale of rates or commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, and may regulate the amount or remuneration with reference to all or any of the following, among other, considerations:
(a)
the position of the party for whom the advocate and solicitor is concerned in the business, whether as vendor or
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purchaser, lessor or lessee, mortgagor or mortgagee, and the like;
(b)
the place where, and the circumstances in which, the business or any part it is transacted;
(c)
the amount of the capital money or rent to which the business relates;
(d)
the skill, labour and responsibility involved on the part of the advocate and solicitor;
(e)
the number and importance of the documents prepared or perused, without regard to length.
(5)
An order under this section may authorize and regulate—
(a)
the taking by an advocate and solicitor from his client of security for payment of any remuneration, to be ascertained by taxation or otherwise, which may become due to him under any such order; and
(b)
the allowance of interest.
(6)
So long as an order made under this section is in operation, taxation of bills of costs of advocates and solicitors in respect of non-contentious business shall, subject to section 121, be regulated by that order.
(7)
Section 136 shall apply to any order made under this section.
Advocate and solicitor may make agreement for remuneration from client