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j. Under the present system if a client feels that
he has been overcharged his only redress is to have
the bill taxed. This will involve him in expense if
less than one sixth is taxed, off, as he will then be
liable for the costs of taxation. The Order contains the
following provisions for the protection of clients :—
(a)
The client will have the right to apply to the
Incorporated Law Society for a certificate,
which must be given free of charge stating
whether the amount of any bill is or is not
fair and reasonable, and, if it is too high, what
substituted sum would be a fair and reasonable
charge.
(b~)
The client will still have the right to have
the bill of costs taxed by application direct
to the Taxing Masters of the High Court
whether or not he has already obtained a
certificate from the Law Society. The Taxing
Master on such a reference will deal with the
matter independently.
(f) On any taxation of a bill it will be the duty
of the solicitor to satisfy the Taxing Master as
to the fairness and reasonableness of his charge.
(d~)
If the Taxing Master allows less than one
half of the amount charged he must bring
the facts of the case to the attention of the
Incorporated Law Society which may result
in disciplinary action against the solicitor.
(e)
The right of appeal from the Taxing Masters
to the Court will remain.
A solicitor furnishing a bill of costs will know
that it is subject to these tests. The Law Society
on reference to them and the Taxing Master on
taxation will be entitled to all necessary information
including the solicitor's files and documents to enable
them to judge the reasonableness of the charge.
6. The new system while allowing solicitors
reasonable remuneration would be an incentive to
efficiency and diligence. A solicitor who completes
business with exceptional skill or expedition would
be entitled to fair recompense for his additional
exertions. On the other hand a solicitor who is
dilatory or who transacts business in a roundabout
or negligent fashion would be liable to have his
remuneration reduced by the Taxation Masters.
It
is suggested that this principle, the value of the
work to the client, is an important benefit.
7. The Council of the Incorporated Law Society
are most anxious to increase the standard of pro
fessional integrity and efficiency. They have shown
this by the promotion of the Solicitors Act, 1954
and by the steps which they have since taken for
the protection of clients against solicitors whose
conduct came to their notice.
They believe that
the new system would help the Society in main
taining this standard. The public interest would be
served by freeing the profession from archaic re
strictions while strengthening the hand of the
professional body in disciplinary matters.
8. The new system would help to reduce the
present unnecessary expense and delay in preparing
and furnishing bills of costs. No business concern
could stand the expense of ascertaining charges and
furnishing accounts which
the present system
imposes on solicitors. The following is an actual
example of a solicitor and own client bill of costs
taxed by a solicitor for a public body. It is typical
of many others.
Gross profit costs for year's work
£1,173
Disbursements
...
...
...
331
Total
...
£1,504
Taxed off
£40
The expenses of drawing and taxing the bill which
resulted in a reduction of £40 were as follows :—
(a)
Costs drawer's com
mission
...
... £103
(V)
Costs drawer's scriv-
enery charges
...
38
(c)
Costs drawer's petty
disbursements
...
9
(W) Duty on costs
...
39(seenote
(d)
below)
(e)
Taxation items in bill
44
(/)Fee to solicitor and
costs drawer oppos
ing bill
...
...
31
£264 = 22.5% of the
solicitor's profit
costs as drawn.
Items
(a) (b)
and
(c)
£150 were paid by the solicitor
to his costs drawer ;
items
(d) (e)
and (/) £114 were
added to the bill and paid by the local authority
NOTE (d) This bill was taxed in 1953. The duty payable
to the Taxing Office which was then £7 16 o would be £39
to-day under the Fees Order made by the Minister for Justice
in 1956. The higher figure has been included in order to
show the present position.