The Legal Profession Act Cap. 370A
Statutory Instruments Supplement No. 48
Supplement to Official Gazette No. 82 dated 9th October, 1997
___________________________________________________________________________ S.I. 1997 No. 55
The Legal Profession Act Cap. 370A
LEGAL PROFESSION (ATTORNEYS'-AT-LAW)
(REMUNERATION FOR
BUSINESS) RULES, 1997
The Barbados Bar Association in exercise of the powers
conferred by section 35 of the Legal Profession Act
Cap. 370A and with the approval of the Judicial Council
hereby makes the following rules:
1. These rules may be cited as the Legal Profession
(Attorneys'-at-Law)(Remuneration for Non-Contentious
Business) Rules, 1997.
2. Except as otherwise provided by these rules, the
fees prescribed by the Schedule are the minimum fees
which may be charged by an attorney-at-law in respect
of non-contentious business.
3. If an Attorney-at-Law peruses a document other than
a lease, on behalf of several clients having distinct interests,
the Attorney-at-Law is entitled to charge an additional
$100.00 for each client after the first.
4. When a property is sold subject to encumbrances,
the amount of the encumbrance is deemed to be part of the
purchase money except where the mortgagee purchases, in
which case the charge of the Attorney-at-Law for the mortgagee
shall be calculated upon the price of the equity of redemption.
5. Where no investigation of title is requires by a purchaser
or a mortgagee, the fee to be charged by that party's
Attorney-at-Law shall be one-half of the prescribed fee.
6. (1) Subject to paragraph (2), whenever an Attorney-at-Law
through poverty or any other circumstances of his client desires
to charge less than the prescribed fee the Attorney-at-Law shall,
before making such charge, refer the matter to the Costs
Committee of the Bar Association stating fully all the
circumstances of the case and that Committee shall within
15 days thereafter adjudicate the matter and the decision of that
Committee within the time stipulated by this paragraph, the
Attorney-at-Law may charge a fee in accordance with his
reference to that Committee.
(2) An Attorney-at-Law shall not hold himself out or allow
himself to held out directly or indirectly and whether or not
by name as being prepared to do non-contentious business
and shall not directly or indirectly do any non-contentious
business as a fee less than the prescribed fee, but may waive
the entire fee at any time without any reference to the Costs
Committee of the Bar Association.
7. The Legal Profession (Attorneys'-at-Law)
(Remuneration for Non-Contentious Business) Rules, 1993
are revoked.
______________________________________________________
SCHEDULE
1. Agreement for the Sale and Purchase of Land
To be charged on the basis of time spent and the
responsibility undertaken, with the following minimum
charges of:
Vendor
For building estates $250
Other agreements $400
Purchaser For building estates $300
Other agreements $600
2. Affidavits
Based on time spent with a minimum charge of $250
3. Application to Immigration Department for Work Permit,
Immigration/Resident Status $1200
4. Bills of sale (Security)
One half of the scale fee for mortgages with a
minimum charge of $250
5. Chattel Mortgages
Same scale as that provided for Bills of Sale
6. Companies
(a) Incorporation and registration of a private company
including by-laws, first organizational meeting and preparation
of ancillary documents $1 500
(b) Incorporation and registration of a public company
including by-laws, first organizational meeting and preparation
of ancillary documents $2 500
(c) Conversion of a private company into a public
company $5 000
(d) Amalgamation of Companies $5 000
(e) Preparing and filing Articles of Amendment under
Section 237 $1 500
(f) Preparing and filing Notices of Changes $250
(g) Dissolution or winding up of a company $1 000
(h) Incorporation of Companies in the Offshore Sector $3 000
7. Debentures
Same scale as for a mortgage
8. Debt Collection
(1) Local Clients: -
On the first $50 000.00 15%
Thereafter 10%
(2) Overseas Clients 25% or to be
negotiated being not less than that prescribed for local clients.
9. Deeds of Gift
The fee shall be that prescribed for a Vendor's Attorney-at-Law
calculated on the value of the property as shown in the then
current land tax demand notice or as determined in
accordance with the Property Tax Act Cap. 84A whichever
shall be greater.
10. Deed Poll of Change of Name $250
11. Exchange Control
To be charged on the basis of time spent
with a minimum charge of $250
12. Further Charges
The fee shall be the same as that prescribed for mortgages or
debentures (as the case may be) on the amount of the further
loan. This scale is to be applied whether the further charge is
effected by a new document or by the up stamping of an
existing document.
13. Interviews
Where an Attorney-at-Law has an interview with a client or a
prospective client and the interview is not part of work for
which the client will otherwise be charged, this should be
charged on the basis of time spent and nature of advice sought,
the complexity of the matter and other relevant factors
$50.00 for every 15 minutes or part thereof
14. Land Tax Certificate
(a) Obtaining Land Tax Certificate $100
(b) Preparation of Change of Ownership forms
and Section 12A forms $100
15. Landlord and Tenant
(a) For leases up to one year: -
1. Residential (domestic) leases
(i) Up to $15 000.00 of the total rent $1 000
(ii) On the next $15 000 of the total rent $750
(iii) Thereafter 1%
2. Commercial leases
(i) Up to $25 000.00 of the total rent $2 500
(ii) On the next $25 000.00 of the total rent $1 500
(iii) Thereafter 1%
(b) For leases for over one year add 25% to the fees
chargeable on leases up to one year.
(c) Where the rent is rising or varying the prescribed fee
shall be calculated on the average rent payable.
(d) Where a lease is partly in consideration of a money
payment or premium and partly of a rent, then and in
such cases the money payment or premium shall be
deemed to be the rent.
(e) The fee for the Lessor's Attorney-at-Law shall be the
same as the fee for the Lessee's Attorney-at-Law.
(f) Where a party other than the lessor and the lessee
joins in a lease, the lessor's Attorney-at-Law and the
lessee's Attorney-at-Law shall each be entitled to
charge an additional $500.00. Where such a party is
represented by an Attorney-at-Law the charges
of such Attorney-at-Law shall be one half of the normal
prescribed fee.
Renewal of Lease
(a) The fee on a renewal of a lease where the terms
(other than as to rent) are the same as those in the
original lease shall be one-half of the prescribed fees
on a lease.
(b) Where the terms are different from those in the
original lease the fee shall be the same as on a lease.
(c) The provisions relating to rent in a lease shall not be
deemed to be a "term" of the lease for the purpose of
paragraphs (a) and (b) under this head, but
notwithstanding anything contained in this paragraph
the rent payable under the renewed lease shall be the
basis of the calculation of the fee to be charged under
paragraphs (a) and (b) of the head.
16. Miscellaneous Business
In respect of matter for which no specific remuneration
is prescribed, the remuneration shall be as follows:
(a) Journeys in the island, per hour and in addition
to the normal fee (excluding journeys to Courts
outside of Bridgetown) $250
(b) Journeys out of the island per day and in addition
to the fee for the matter and all expenses $2 500
(c) A transaction other than a transaction relating to
the collection of debts involving a client residing
out of the island - in addition to the fee prescribed
under any other head for each such non-resident client $250
17. Mortgages
For preparing and completing mortgages
(a) Mortgagor -
Up to $25 000 $750
On the next $75 000 1.5%
On the next $100 000 1%
Thereafter ⅜ %
Registration Land one third of the scale above
For investigating title, perusing and completing mortgages
(b) Mortgagee -
Up to $25 000 $1 000
On the next $75 000 2 %
On the next $100 000 1.25 %
Thereafter ⅝ %
Registered Land two thirds of the scale above
(c) Where the same Attorney acts for both the mortgagor
and the mortgagee, he shall charge the whole
mortgagee's Attorney's fee and half of the
mortgagor's Attorney's fee.
(d) Where the same Attorney acts for a
purchaser/mortgagor but not for the mortgagee, he
shall charge the whole of the purchaser's Attorney's
fee and half of the mortgagor's Attorney's fee.
(e) Where the same Attorney acts for a
purchaser/mortgagor and also for a mortgagee, he
shall charge the whole of the purchaser's Attorney's
fee and the whole of the mortgagee's Attorney's fee.
(f) Where the same Attorney acts for a vendor/mortgagee
he shall charge the whole of the vendor's Attorney's
fee plus one half of the mortgagee's Attorney's fee.
(g) The above scale shall apply to transfers of mortgages
and debentures.
(h) Where an assignment of a life insurance policy or
policies is included as collateral security, add $250.00
to the scale fee.
18. Negotiation
(a) The fee for negotiating a sale or purchase of property
by private treaty shall be calculated and charged
according to the following scale: -
(i) On the first $40 000 5%
(ii) Thereafter 3%
19. Notice to Quit
Fee for preparing Notice to Quit and serving or giving
instructions to serve thereof $250
20. Patents
Application for Letters Patent $1 000
Applications for patent co-operation treaty under
Section 25 of the Act (Cap. 314) $1 200
Application to record amendment $250
Application for renewal $500
Application for registration of license-contract $250
For transfer of license-contract or patent $250
Application for surrender of a patent $500
For recording address for service other than on first grant $150
Other matters - according to work involved
21. Personal Injury
(Where no legal proceedings have commenced)
15% of the sum recovered with a minimum of $1 200
22. Powers of Attorney
(a) Specific powers $250
(b) General powers $400
23. Probate and Letters of Administration
(1) Probate (limited to completing application to
Registrar and filing all documents to lead to grant)
(a) Original grant in Barbados
Up to $100 000 $1 000
On the next $75 000 1%
Thereafter . 5%
(b) Resealing grant outside of Barbados $1 000
(c) Resealing foreign grant in Barbados -
same fee as for an original grant
(d) On a grant de bonis non, on the above
scale but calculated on value of the
unadministered portion of the estate
(e) On a second grant $750
(2) Letters of administration (limited to completing
application to Registrar and filing all documents to
lead to obtaining grant)
Up to $100 000 $1 500
On the next $75 000 1%
Thereafter . 5%
(3) Administration of estate (supervision of
administration and winding up of estate including
obtaining tax clearance certificate)
Up to $25 000 5%
On the next $75 000 3%
On the next $400 000 1.5%
Thereafter . 75%
(4) Bankrupt Estates $250
(5) Deed of Assent
Half of the fee charged by a vendor's attorney
based on the improved value of the property on
the current land tax demand notice or the market
value $750
24. Public Auction
(a) Taking instructions for sale drawing and engrossing
conditions of sale and attending and conducting
sale $1 500
(b) Where property sold (in addition to fee on
conveyance) 1% of sale price
(c) Attending at a sale by public auction on behalf of a
prospective purchaser $500
25. Releases
(1) (a) Mortgages of land and debentures
Up to $25 000 $300
Between $25 000 and $100 000 $450
Over $100 000 $600
(b) Discharge of Judgements, Chattel Mortgages
or Vendor's lien $240
(2) Where separate Attorneys act for mortgagor and
mortgagee respectively the prescribed fee shall be
divided as to two-thirds thereof for the Attorney preparing
the deed and as to one-third thereof for the other Attorney-
at-Law.
(3) Where part of the property comprised in a mortgage
is released then in cases where consideration is given
for the release the prescribed fee shall be based on
the amount of such consideration and where there is
no consideration then in such case the fee shall be a
minimum of $300.00.
26. Re-registration of Judgements
High Court Judgements $250
27. Sale and Purchase of Land
For preparing and completing conveyance of unregistered land
(excluding conveyances under the Tenantries Freehold
Puchase Act)
Vendor
Up to $25 000 $750
On the next $75 000 2%
On the next $100 000 1.5%
On the next $300 000 1.25%
Thereafter 1%
Registered land two thirds of the scale above
Purchaser
Up to $25 000 $1 000
On the next $75 000 2.5%
On the next $100 000 1.5%
On the next $300 000 1.25%
Thereafter 1%
Registered land one third of the scale above
28. Sale and Purchase of Personal Property (including absolute
bills of sale and shares)
One half of the scale fee applicable to the sale and
purchase of unregistered land
29. Shares
On the transfer of shares pursuant to a testamentary
disposition or by the personal representative to a person
entitles to or otherwise the fee to be charged shall not
exceed $1 000
On the transfer of shares where real estate is involved the
scale fee applicable to sale and purchase of land shall apply
30. Trade Marks
Application for Registration $750
Application for entry of an address for service $150
Application for cancellation of mark/license entry on
register $250
Request for preliminary advice $200
Separate application needed for each class/service other than
on first application for registration of mark
Recording change of name:
(a) One application $175
(b) On each additional application filed simultaneously $100
Recording assignment re proprietor or registered user of mark
with or without goodwill of business
(a) On one application $250
(b) On each additional application filed simultaneously $100
Recording amendment of registered mark $250
Recording merger:
(a) On one application $250
(b) On each additional application filed simultaneously $125
Recording change of address:
(a) On one application $175
(b) On each additional application filed simultaneously $100
Recording licence-contract or sub-licence-contract
(a) On one application $300
(b) On each additional application filed
simultaneously $150
(c) Cancellation of licence-contract $200
Application for renewal under section 27(3) of the
Act $200
Application for renewal under section 27(4) of the Act $400
Application for amendment to application for registration
of mark $175
Making search in Trade Mark Register for registration
of mark $125
Obtaining certified copies of certificates $100
Filing opposition to trade mark $350
Filing answer to notice of opposition $350