Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VIII · Remuneration of Advocates and Solicitors
114. Advocate and solicitor may make agreement for remuneration from client
Feedback & supportWhether or not any order is in force under section 113, an advocate and solicitor and his client may, either before or after or in the course of the transaction of any non-contentious business, make an agreement as to the remuneration of the advocate and solicitor in respect thereof:
advocate and solicitor
“advocate and solicitor” includes the executors, administrators and assignees of the advocate and solicitor in question. Legal Profession 141 Advocate and solicitor entitled to charge on property for costs
134 Laws of Malaysia ACT 166
Provided that such agreement shall not provide for costs at a scale lower than that provided by any order made under section 113.
The agreement may provide for the remuneration of the advocate and solicitor by a gross sum, or by commission or percentage, or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration stipulated in the agreement shall or shall not include all or any disbursements made by the advocate and solicitor in respect of searches, plans, travelling, stamps, fees or other matters.
The agreement shall be in writing and signed by the person bound by it or as his agent on his behalf.
The agreement may be sued and recovered on or set aside in the like manner and on the like grounds as an agreement not relating to the remuneration of an advocate and solicitor:
Provided that if on any taxation of costs the agreement is relied on by the advocate and solicitor and objected to by the client as unfair or unreasonable, the taxing officer may inquire into the facts and certify them to the Court, and if on that certificate it appears just to the Court that the agreement should be cancelled, or the amount payable thereunder reduced, the Court may order the agreement to be cancelled, or the amount payable to be reduced, and may give such consequential directions as the Court thinks fair and reasonable.
client
“client” includes— (a) in relation to contentious business, any person who as a principal or on behalf of another person retains or employs, an advocate and solicitor, and any person who is or may be liable to pay a solicitor’s costs; (b) in relation to non-contentious business, any person, who as a principal or on behalf of another, or as a trustee, executor or administrator, or in any other capacity, has power, express or implied, to retain or employ, and retains or employs, an advocate and solicitor, and any person for the time being liable to pay an advocate and solicitor for his service and costs;
Advocate and solicitor entitled to costs of negotiation of mortgagor