The Gazette 1955-58

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.

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