Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VIII · Remuneration of Advocates and Solicitors
Section 119
Feedback & supportAny party may set aside agreement of deceased advocate and solicitor not performed
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
Where an advocate and solicitor has made an agreement with his client in pursuance of section 116 and anything has been done by the advocate and solicitor under the agreement, and, before the agreement has been completely performed by him, the advocate and solicitor dies or becomes incapable of acting an application may be made to the court by any party to the agreement or by the representatives of the party, and the Court shall thereupon have the same power to enforce or set aside the agreement, if it had not be acted upon. have the same power to enforce or set aside the agreement, if it had not be acted upon.
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;
The Court, even if it considers the agreement to be in all respects fair and reasonable, may order the amount due in respect of the business done thereunder to be ascertained by taxation.
Court
“Court” means the High Court or a Judge thereof when sitting in open Court, and “Judge” means a Judge of the High Court sitting in Chambers;
Legal Profession 139
The Registrar in ascertaining any such amount shall have regard, so far as may be, to the terms of the agreement.
Registrar
“Registrar” means the Registrar of the High Court and includes a Deputy Registrar, Senior Assistant Registrar and an Assistant Registrar;
Payment of the amount found to be due may be enforced in the same manner as if the agreement had been completely performed by the advocate and solicitor.