Remuneration of Legal Practitioners
- PART I: Foundation - Charging Professional Fees -
R48 RPC - Right to Adequate Remuneration
A lawyer is entitled to be paid adequate remuneration for his services to the client - R48 RPC. He shall charge fees commensurate with services rendered - R52(1) RPC.
Note that lawyers are also entitled to do pro bono services without charge.
R52 & R53 RPC - A Lawyer Shall NOT
- Enter into an agreement for, charge, or collect illegal or clearly excessive fees;
- Charge a fee so low as to amount to undercutting;
- Share fees with non-lawyers - R3(1)(c) & R53 RPC.
- PART II: 6 Types of Fees -
| Type | Description |
|---|---|
| Scale Fee | Charged using the scale in the schedule to the Legal Practitioners Remuneration (For Business, Legal Service and Representation) Order, 2023 |
| Fixed Fee | Specific rate fixed by client (e.g. banks fixing certain amount for searches by solicitor) |
| Appearance Fee | Fee for appearances in courts, MDCH, or Parliament. Charged regularly - varies from counsel to counsel - Okonedu-Egbaregbemi v Julius Berger |
| Hourly Rate Fee | Applicable during consultations - charged for each hour or portion of an hour |
| Percentage Fee | Fixed percentage of value of transaction or claim |
| Contingent Fee | For recovery of debt - based on agreed percentage of actual recovery |
Contingent Fee - R50(2), (4) & (5) RPC
A lawyer may agree contingent fees provided the arrangement is:
- NOT vitiated by fraud, mistake, or undue influence;
- NOT contrary to public policy;
- There is a reasonable cause of action;
- NOT in criminal matters.
R50(4) RPC: The legal practitioner must have first advised the client on the effect of the arrangement.
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