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53. Agreement for remuneration for non-contentious business

Revised Laws of Saint Lucia (2022)

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53. Agreement for remuneration for non-contentious business

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    (1) Whether any rules are made under section 52 or not, an attorney-at-law and his or her client may either before or after or in the course of the transaction of any non-contentious business by the attorney-at-law, make an agreement as to the remuneration of the attorney-at-law in respect of the transaction.

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    (2) An agreement made by virtue of subsection (1) may provide for the remuneration of the attorney-at-law by a gross sum, or by commission or by percentage, or by salary, or otherwise, and it may be made on the terms that the amount of the remuneration stipulated in the agreement shall not include all or any disbursements made by the attorney-at-law in respect of searches, plans, travelling, stamps, fees or other matters.

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    (3) An agreement made by virtue of subsection (1) shall be in writing and signed by the person to be bound or by that person's agent.

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    (4) An agreement made by virtue of subsection (1) may be sued and recovered on or set aside in the same manner and on the same grounds as an agreement not relating to the remuneration of an attorney-at-law; but if on any taxation of costs the agreement is relied on by the attorney-at-law and objected to by the client as unfair or unreasonable, the taxing officer may inquire into the facts and certify them to the Court, and if on that certificate it appears just to the Court that the agreement should be cancelled, or the amount payable under it reduced, the Court may order the agreement to be cancelled, or the amount payable under it to be reduced, and may give consequential directions as the Court may think fit.

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