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
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International Arbitration Conference by CIArb Malaysia (22 to 24 Aug 2013) Organised by the Chartered Institute of Arbitrators, this conference will be held at Eastern & Oriental Hotel, 10 Lebuh Farquhar, 10200 George Town, Penang, from 22 to 24 Aug 2013 (Thursday to Saturday). The conference carries 10 CPD points. Early-bird rate ends on 30 Apr 2013. Click on the link above for more details.
Seminar on Islamic Finance Regulatory Framework (23 May 2013) Organised by the Bar Council Professional Standards and Development Committee, this seminar conducted by Megat Hizaini Hassan will be held at 2:00 pm to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 23 May 2013 (Thursday). The seminar carries three CPD points. Click on the link above for more details.
8th LAWASIA Employment Law Conference, Cambodia (24 and 25 May 2013) Organised by The Law Association for Asia and the Pacific (“LAWASIA”), this conference featuring Lia Alizia and Brian Williamson, will be held at Tara Angkor Hotel, Vithei Charles de Gaulle, Siem Reap, Cambodia, at 8:45 am to 7:00 pm and 9:00 am to 5:30 pm, on 24 and 25 May 2013 (Friday and Saturday), respectively. The conference carries 10 CPD points. Click on the link above for more details.
MSLSSL and MCLJ Conference on Employment and Labour Laws 2013 (30 May 2013) Organised by the Malaysian Society for Labour and Social Security Law and Malaysian Current Law Journal, this conference entitled “Current Issues on Employment and Labour Laws” will be held at 8:30 am to 6:00 pm, at Grand Hyatt Kuala Lumpur, on 30 May 2013 (Thursday). The conference carries six CPD points. Click on the link above for more details.
“Transforming Criminal Justice” One-week Study Programme (25 to 29 Nov 2013) Organised by Public Administration International (“PAI”), this UK-based one-week study programme entitled “Transforming Criminal Justice: from Joined-up Justice to Multi-agency Approaches” will be held in London from 25 to 29 Nov 2013 (Monday to Friday). For further enquiries, please contact PAI by telephone at +44 (0)20 7580 3590, by fax at +44 (0)20 7580 4746, or by email at pai@public-admin.co.uk.