REPUBLIC OF NAURU

LEGAL PRACTITIONERS ACT 1973

BARRISTERS AND SOLICITORS (REMUNERATION: NON-CONTENTIOUS BUSINESS) RULES 1974

IN EXERCISE of the powers conferred on me by section 57 of the Legal Practitioners Act 1973, I hereby make the following Rules -

SHORT TITLE

1. These Rules maybe cited as the Barristers and Solicitors Business (Remuneration: Non-Contentious Business) Rules 1974.

REGULATION OF REMUNERATION

2. The remuneration of a barrister and solicitor for all professional work done by him in respect of non-contentious business shall be regulated by these Rules.

GROSS SUM: SPECIAL PROVISIONS

3. In respect of business regulated by these Rules a barrister and solicitor may, at his option charge a gross sum in lieu of the detailed charges set out in the Schedule provided that within three months after the delivery of his account for a gross sum charged under this paragraph or within one month after payment, whichever shall be the later date, the client may require that a detailed bill of charges shall be delivered, and the barrister and solicitor shall thereupon comply with the requisition and any bill so delivered shall be subject to taxation as if the provisions of this paragraph with respect to the regulation of remuneration by gross sum had not been made.

EXEMPTION OF POWERS OF THE SUPREME COURT AND CERTAIN WRITTEN AGREEMENTS

4. Nothing in these Rules shall affect -

(a) the power of the Supreme Court or a judge to order delivery of a bill of costs or direct the taxation thereof; or

(b) the right of a barrister and solicitor to enter into a written agreement with his client as to his remuneration as provided by section 19 of the Act.

SCALE FEES

5. (1) In respect of non-contentious business barristers and solicitors shall be entitled to charge, and shall be allowed, the scale fees set out in the Schedule to these Rules for doing the work referred to therein.

(2) The scale fees set out in the Schedule do not include stamps or disbursements reasonably and properly paid on behalf of the client but include allowance for the time of the barrister and solicitor and his employees and for copying, stationery and other similar disbursements.

(3) A barrister and solicitor may be allowed according to the circumstances a proper additional remuneration for the special exertion of himself or his employees where any business to which this rule applies is required to be and is carried through in an exceptionally short space of time, or is exceptionally onerous.

MADE this 11th day of February, 1974.

I. R. Thompson
Chief Justice

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SCHEDULE

(Rule 5)

SCALE FEES

No.	Item	Fee	
			
1.	For being consulted professionally by any person in respect of any matter where no instructions have been, or are, given in respect of that matter, and for giving oral advice in respect thereof	$5.00 and in addition, $3.00 for each quarter of an hour or part thereof after the first quarter of an hour	
			
2.	For receiving instructions (including any preliminary consultation in respect of the matter in respect of which the instructions are given)	$10.00 and, in addition, $3.00 for each quarter of an hour or part thereof after the first quarter of an hour.	
			
3.	For drawing any document other than a letter	$1.50 per folio of 72 words (with a minimum of $4.50)	
			
4.	For engrossing	$0.40 per folio of 72 words (with a minimum of $1.20)	
			
5.	For making a carbon or photographic copy necessarily required	$0.15 per folio of 72 words (with a minimum of $0.45)	
			
6.	For perusing any document or part of a document	$0.40 per folio of 72 words	
7.	For ordinary letters, including letters written by a clerk	$2.00	
			
8.	For special letters, giving explanation or legal opinion	$5.00	
			
9.	Attendance other than by telephone	$3.00 for each quarter of an hour or part thereof	
			
10.	Attendance by telephone	$1.00 for every five minutes or part thereof	
			
11.	For work capable of performance only by a barrister and solicitor done in pursuance of instructions, if not covered by items 3 to 10	$3.00 for each quarter of an hour or part thereof	

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