HomeLawsBar Council Rulings CHAPTER 9 SOLICITOR’S COSTS AND DISBURSEMENTS IN CONTENTIOUS MATTERS:: 9.01. Bill of costs and taxation
CHAPTER 9 SOLICITOR’S COSTS AND DISBURSEMENTS IN CONTENTIOUS MATTERS:: 9.01. Bill of costs and taxation
(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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Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.