S.I. No. 199/1957 - Solicitors' Remuneration General Order, 1957.


S.I. No. 199 of 1957.

SOLICITORS' REMUNERATION GENERAL ORDER, 1957.

WE, the body in that behalf authorised by the Solicitors' Remuneration Act, 1881, as adapted by the Solicitors' Remuneration Act, 1881 (Adaptation) Order, 1946, made pursuant to the Adaptation of Enactments Act, 1922 , do hereby, in pursuance and execution of the powers given to us in the said statute as so adapted, and of all other powers enabling us in that behalf, make the annexed General Order.

1. This Order may be cited as the Solicitors' Remuneration General Order, 1957, and the Solicitors' Remuneration General Orders, 1884 to 1951, and this Order may be cited together as the Solicitors' Remuneration General Orders, 1884 to 1957.

2. In clause 2 (c) and in clause 6 of the Solicitors' Remuneration General Order, 1884, (hereinafter referred to as " the Order of 1884 ") for the words " according to the present system as altered by Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto."

3. The following amendments shall be made in the Rules applicable to Part I of Schedule I to the Order of 1884 :—

(a) In Rule 2 for the words " according to the present system, as altered by Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto."

(b) In Rule 5 for the words " are to be dealt with under the old system, as altered by Schedule II hereto " there shall be substituted the words " are to be calculated in accordance with Schedule II hereto."

(c) In Rule 10 for the words " according to the present system, as altered by the Schedule II hereto " there shall be substituted the words " in accordance with Schedule II hereto."

4. The following amendments shall be made in the Rules applicable to Part II of Schedule I to the Order of 1884 :—

(a) In Rule 1 for the words " according to the present system as altered by Schedule II " there shall be substituted the words " in accordance with Schedule II hereto."

(b) In Rule 4 for the words " are to be dealt with under the old system as altered by Schedule II " there shall be substituted the words " are to be calculated in accordance with Schedule II hereto."

5. The following Schedule shall be substituted for Schedule II to the Order of 1884 :—

" SCHEDULE II.

For any business, not being contentious business, for which no charge is prescribed by Schedule I, or in respect of which the solicitor has, in accordance with clause 6 of this Order, elected to charge under Schedule II, the remuneration shall be such sum as may be fair and reasonable having regard to all relevant circumstances and in particular to—

(1) the complexity, importance, difficulty, rarity or urgency of the questions raised ;

(2) where money or property is involved, its amount or value ;

(3) the importance of the matter to the client ;

(4) the skill, labour, specialised knowledge and responsibility involved on the part of the solicitor ;

(5) the number, character and importance of the documents prepared or perused ;

(6) the place where, and the circumstances in which, the business, or any part thereof, is transacted ; and

(7) the time expended by the solicitor and his staff :

Provided that—

(a) Without prejudice to the provisions of the Solicitors (Ireland) Act, 1849, the client may require the solicitor to obtain a certificate from the Incorporated Law Society of Ireland certifying that the sum charged is fair and reasonable or, if it is not, what is a fair and reasonable sum, and the sum so certified, if less than that charged, shall, in the absence of taxation, be the sum payable ;

(b) before the solicitor brings proceedings to recover costs on a bill delivered under this Schedule, he must, unless the costs have been taxed, have drawn the attention of the client in writing—

(i) to his right under paragraph (a) of this proviso to require the solicitor to obtain a certificate from the Incorporated Law Society of Ireland, and

(ii) to the provisions of the Solicitors (Ireland) Act, 1849, with regard to taxation of costs ;

(c) the client shall not be entitled to require the solicitor to obtain a certificate from the Incorporated Law Society of Ireland under paragraph (a) of this proviso after the bill has been either taxed or paid ;

(d) on any taxation of a bill delivered under this Schedule it shall be the duty of the solicitor to satisfy the Taxing Master as to the fairness and reasonableness of his charge ; and

(e) if the Taxing Master allows less than one half of the amount charged, he shall bring the facts of the case to the attention of the Incorporated Law Society of Ireland."

6. The Solicitors' Remuneration General Order (No. 2), 1920, is hereby revoked.

7. This Order shall apply to all business in respect of which a bill of costs shall not have been furnished before the 10th day of October, 1957.

Dated this 10th day of October, 1957.

CONCHUBHAR A. MAGUIDHIR,

Chief Justice.

CAHIR DAVITT,

President of the High Court.

CECIL LAVERY,

Senior Ordinary Judge of the Supreme Court.

NIALL S. GAFFNEY,

President, Incorporated Law Society of Ireland.

Explanatory Note.

This Order makes provision for the replacement of the existing method of charging under Schedule II to the Solicitors' Remuneration General Order, 1884 (which relates to matters to which scale charges do not apply) by a system enabling a solicitor to charge such sum as may be fair and reasonable, having regard in particular to the matters referred to in sub-paragraphs (1) to (7) of the new Schedule II. While the right to have the bill taxed is not affected, provision has been made for the client's obtaining from the Incorporated Law Society of Ireland a certificate stating that the sum charged is fair and reasonable or, if it is not, what is a fair and reasonable charge : the latter, if less than the sum charged, will, in the absence of taxation, be the amount payable.