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Home arrow Laws arrow Bar Council Rulings arrow CHAPTER 9 SOLICITOR’S COSTS AND DISBURSEMENTS IN CONTENTIOUS MATTERS:: 9.01. Bill of costs and taxation
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CHAPTER 9 SOLICITOR’S COSTS AND DISBURSEMENTS IN CONTENTIOUS MATTERS:: 9.01. Bill of costs and taxation PDF Print E-mail

(1) Clients to initiate taxation proceedings

In the absence of any agreement in writing for fees in respect of a contentious matter entered into between the Solicitor and his client pursuant to Section 116 of the Act, it is for the client to initiate taxation proceedings under Section 126 of the Act.

(2) Gross sum bill and detailed bill

A bill of costs to be delivered to any client under Section 124 of the Act includes a gross sum bill as well as a detailed bill drawn up pursuant to Order 59 rule 24 of the Rules of the High Court whereas a bill of costs under Section 126 of the Act contemplates a detailed bill of costs ready for taxation.

(3) Letter of demand and costs

An Advocate and Solicitor shall not, in his letter of demand issued on behalf of his client, demand:

(i) his costs or fees for issuing such a letter, unless there is an agreement in writing to that effect between his client and the addressee; or

(ii) any payment other than that recoverable by the process of law.

(4) Photocopying charges

(i) Photocopying charge (inclusive of service fee) should not exceed 50 sen per page (unless special circumstances warrant a higher charge).

(ii) Where copies of correspondence, cause papers, agreements and other documents are sent to the client regularly and he requests additional copies, the Advocate and Solicitor is entitled to charge the client for the cost of the additional photocopying.

(5) Miscellaneous Charges


Miscellaneous charges in any bill of costs for contentious matters shall be reasonable and shall not exceed RM100.00. Any other disbursements should be itemized. Miscellaneous charges shall include local telephone calls, faxes, photocopying and other items which are not specifically recorded by the Solicitor.

 
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