Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VIII · Remuneration of Advocates and Solicitors
117. Costs recoverable from client by other person not attested
Feedback & supportAny agreement entered into pursuant to section 116 shall not affect the amount of, or any rights or remedies for the recovery of, any costs recoverable from the client by any other person or payable to
136 Laws of Malaysia ACT 166
the client by any other person, and any other person may require any costs payable by him to or recoverable by him from the client to be taxed according to the rules for the time being in force for the taxation of such costs, unless such other person had otherwise agreed:
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;
Provided that the client who has entered into any agreement shall not be entitled to recover from any other person, under any order for the payment of any costs which are the subject of the agreement, more than the amount payable by the client to his own advocate and solicitor.
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
Such an agreement shall be deemed to exclude any further claim of the advocate and solicitor beyond the terms of agreement in respect of any services, fees, charges or disbursements in relation to the conduct and completion of the business in reference to which the agreement is made, except such services, fees, charges or disbursements, if any, as are expressly excepted by the agreement.
Subject to this Part, the costs of an advocate and solicitor in any case where there is any agreement as is referred to in section 116, shall not be subject to taxation, nor to section 124.
A provision in any such agreement which states that the advocate and solicitor shall not be liable for negligence, or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void.