Legal Profession Act 1976 · Updated to 1 Aug 2018 · Part VIII · Remuneration of Advocates and Solicitors
121. Where remuneration of advocate and solicitor not subject of agreement
Feedback & supportWhere the remuneration of an advocate and solicitor in respect of contentious business done by him is not the subject of an agreement made pursuant to section 116, the solicitor’s bill of costs may at the option of the advocate and solicitor either contain detailed items or be for a gross sum:
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
Provided that—
140 Laws of Malaysia ACT 166
at any time before service upon him of a writ or other originating process for the recovery of costs included in a gross sum bill and before the expiration of three months from the date of the delivery to him of the bill, the party chargeable therewith may require the advocate and solicitor to deliver to him in lieu of the cost a bill containing detailed items, and the gross sum bill shall thereupon be of no effect;
where an action is commenced on a gross sum bill, the Court shall, if so requested by the party chargeable therewith before the expiration of one month from the service on that party of the writ or other originating process, order that the bill shall be taxed;
if a gross sum bill is referred to taxation, whether under this section or otherwise, nothing in this section shall prejudice any rules of court with respect to taxation and the advocate and solicitor shall furnish the taxing officer with such details of any of the costs covered by the bill as the taxing officer may require.
Subsection (1) shall not apply to fees paid to an advocate and solicitor who is briefed as a senior counsel.