RECOVERY OF LEGAL PRACTITIONER’S FEES IN NIGERIA: FEES BY AGREEMENT AND FEES THROUGH BILL OF CHARGES IN PERSPECTIVE

Abstract

A Legal Practitioner is entitled to his fees for the services rendered to client and same is recoverable even if the client reneges from the agreement. Legal practitioner on being briefed by his client charge professional and sundry fees for the services he is to renders. This becomes part of their agreement and may be oral or in writing. Sometimes, these fees are never paid, sometimes as a result of the client’s refusal to fulfill his own part of the contract or on the allegation that the matter is yet to be completed or that the legal practitioner has been debriefed. This nonpayment of the fees may either come up mid-stream or at the conclusion of the case. At whichever stage, the recovery of the fees is important to a legal practitioner as he is entitled to it, haven worked for it. By the provisions of the extant law, a legal practitioner cannot begin an action to recover his fees upon a bill of charges, unless and until he has to satisfy three conditions of preparation of the bill of charges, service of the bill of charges on the client and must allow for it for a period. Presently this has caused some legal practitioners to refuse to accept briefs if the fees are not paid upon briefing. They see it that if they fail to insist on payment of the fees at the beginning, it may become a mere matter of honour. This quagmire has led to some legal practitioners regretting accepting briefs from clients who do not pay upon briefing or pay up after the services had been rendered and others with similar experience have refused to accept further briefs as they are not interested in undertaking another hurdle in pursuit or recovery of their money. This paper examined the cumbersome legal procedure involved in the recovery of a legal practitioner’s fees before and after the preparation of bill of charges under the Nigerian law vi-sa-vis the provisions of the legal Practitioners Act. This work it is believed will equip legal practitioners, judges, students and litigants who are likely to be clients to be aware and take necessary precautions to forestall this likely ugly experience. Doctrinal method of data collection using analytical approach in reviewing the relevant laws or statutes, textbooks and judicial decisions was adopted. The findings revealed that a legal practitioner can apply to recover his fees as contained in the bill of charges. This may contain fees like scale fee, fixed fee, appearance fee, hourly rate fee, percentage fee and contingent fee. Either of the parties after the preparation and service of the bill of charges within twelve months, can apply for the taxation. The taxation of the bill of costs (or charges) is the next step by a certain officer of the court directly or at the instance of the court. Here certain sums claimed may be allowed or disallowed at the intervention of the court or its officer and the fees are thereafter recovered as debt or the claim assessed in damages on a quantum meriut basis. The recommendation is that since there is no difference between a bill of charges delivered for a completed and uncompleted act of a legal practitioner, legal practitioners should always enter into a written contract or prepare an explicit bill of charges where money is not paid in advance to prevent an unhealthy end of the contract. Further an amendment of the legal Practitioners Act and Rules of Professional Conduct is imminent to introduce guideline for particularization of the bill of charges.