This document, the **Legal Practitioners (Remuneration for Business, Legal Services and Representation) Order, 2023**, regulates the remuneration of legal practitioners. It is made under the powers conferred by section 15(3) of the Legal Practitioners Act.
**Regulation of Remuneration:**
Remuneration is generally prescribed in Scales 1 to 5, set out in the Schedule:
* **Scale 1:** Consultation and legal opinion.
* **Scale 2:** Incorporations or registration of Companies and Business Names.
* **Scale 3:** Litigation.
* **Scale 4:** Property transactions, including Mortgages and related transactions.
* **Scale 5:** Other commercial or transactions/services not covered by (a)-(d).
Remuneration for matters not covered by the Order should be fair, considering factors like complexity, skill, time expended, and value of property involved.
**Mandatory Engagement Terms and Fees:**
* A legal practitioner must issue written terms of engagement, stating the scope of work and fees, no later than 14 days of receiving instructions. Failure to do so is unprofessional conduct.
* The prescribed fees in the Scales are not subject to negotiation, except as provided in the Order. Charging or accepting less than the recommended rates is unprofessional conduct.
* A legal practitioner intending to charge lower than Scale rates must apply to the Remuneration Committee of the Bar Association for approval within 2 days of receiving instructions.
**Exceptions to Fees:**
* A legal practitioner may elect to charge differently, according to Order 2, but the remuneration must not be lower than the minimum set in the relevant Scale.
* Lower fees or *pro bono* services are allowed in legal aid matters or for a client due to a relationship by consanguinity or affinity, provided the legal practitioner follows the stated protocols with the NBA Remuneration Committee.
**Property Transaction Protocols (Scale 4):**
* Monies due for services related to property instruments and mortgages must be paid in escrow into a Legal Practitioners Remuneration account established by every NBA branch, for taxation before being paid to the legal practitioner.
* The legal practitioner must present the prepared deed and an official invoice to the appropriate Tax office within 7 days for assessment and payment of applicable withholding tax.