1. The remuneration of a solicitor in respect of non-contentious work for which no provision is made by means of a scale or fixed fee shall be such sum as is fair and reasonable having regard to all the circumstances of the case, and in particular the following circumstances:
(a)
the importance of the matter to the client;
(b)
the skill, labour, specialised knowledge and responsibility involved on the part of the solicitor;
(c)
the complexity of the matter or the difficulty or novelty of the question raised;
(d)
where money or property is involved, the amount or value thereof;
(e)
the time expended by the solicitor;
(f)
the number and importance of the documents prepared or perused by the solicitor;
(g)
the place and the circumstances under which the services or business or any part thereof are rendered or transacted.
2. In a case where a solicitor has had the conduct of a transaction and no individual document of title or strata title had been issued when the transaction was first completed-
(a)
a fair and reasonable remuneration for the solicitor drawing up and completing the subsequent instrument of transfer or charge shall be a fee not exceeding 25% of the applicable scale fee specified in the First Schedule or the Third Schedule, as the case may be, subject to a minimum fee of RM200; and
(b)
if the said instrument of transfer or charge involves more than one individual document of title or strata title, a fair and reasonable additional remuneration for the solicitor shall be RM50 for each additional title involved.
3. In a case where a solicitor has conduct of a transaction after the issuance of the individual document of title or strata title, but he did not have conduct of the transaction when it was completed before the issuance of the individual document of title or strata title-
(a)
a fair and reasonable remuneration for the solicitor drawing up and completing the subsequent instrument of transfer or charge shall be a fee not exceeding 50% of the applicable scale fee specified in the First Schedule or the Third Schedule, as the case may be, subject to a minimum fee of RM200; and
(b)
if the said instrument of transfer or charge involves more than one individual document of title or strata title, the solicitor shall be entitled to an additional remuneration of RM50 for each additional title involved.
4. In the case of any transaction where there is no written sale and purchase agreement, or the sale and purchase agreement is not prepared by the solicitor and the solicitor is not required to explain or advise the client on the terms and conditions thereof, or the transfer is effected in consideration of love and affection or for no consideration or is pursuant to a declaration of trust or other similar instrument-
(a)
a fair and reasonable remuneration for the solicitor drawing up and completing the instrument of transfer shall be a fee not exceeding the applicable scale fee specified in the First Schedule, subject to a minimum fee of RM300; and
(b)
if the said instrument of transfer involves more than one individual document of title, the solicitor shall be entitled to an additional remuneration of RM50 for each additional title involved.
5. In a case where a transaction is not completed or not concluded for any reason whatsoever, a fair and reasonable remuneration for the solicitor shall be a fee not exceeding 50% of the applicable scale fee, subject to a minimum fee of RM200. However, if the work required of the solicitor has been fully or substantially performed, the solicitor shall be entitled to charge the full scale fee as his remuneration.
Made 12 December 2005 [BC/S/13/2005; PN(PU2)314/X]
TAN SRI DATO' SITI NORMA BINTI YAAKOB Chief Judge of Malaya
RAGUNATH KESAVAN Advocate and Solicitor
DATO' UMI KALTHUM BINTI ABD. MAJID for the Attorney General of Malaysia
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).