APPLICATION FOR A REMUNERATION CERTIFICATE

(Checking the bill is fair)

You have a statutory right to ask your solicitor to apply to the Law Society for a Remuneration Certificate. This Certificate will declare either, that what you are being charged is fair and reasonable or, that you should be charged a lesser amount by your solicitor.

Step One

Write to your solicitor asking him to apply to the Society for a Remuneration Certificate and send a copy of this letter to the Society. Your solicitor will them complete an application form, which asks questions about the nature of the work, how the work was handled and by whom. The completed form is sent with all the relevant papers to the Society. The Society will send a copy of the application form to you for your comments. A copy of your comments may be sent to the solicitors.

This applies to work which has not been contested through the courts, or in which proceedings have not issued. Examples of non-contentious business are conveyancing, making a will, administration of an estate etc.

Step Two

The application form, relevant papers and submitted comments are then considered by three solicitors nominated by the President of the Society. Their job is to certify either that the sum charged is fair and reasonable or that you should be charged less. They will also decide how much that lesser charge should be. Whichever sum they certify will be the sum payable by you. They cannot increase the bill.

PLEASE NOTE:

You cannot seek a Remuneration Certificate - If it is more than one month since your solicitor told you of your right to obtain a certificate. If you have already received and paid your solicitor's bill.

If the High Court or the Taxing Master has ordered the bill to be taxed (see below). For any matter in which Court proceedings were instituted.

This procedure covers only solicitor's costs and cannot deal with any payments, Value Added Tax or expenses which have been charged. However, if you are dissatisfied with the Remuneration Certificate you can still seek an ORDER FOR TAXATION provided that the bill is still less than six months old. Your solicitor also has this right at any time.

Applying for a Taxation Order

Taxation' is the legal term used to describe the assessment of a solicitor's bill by a Court Officer. You can apply to the Court or the appropriate Officer for an Order to have a bill taxed. Your solicitor will have to submit the bill to a Court official called the Taxing Master and justify his charges. You will be given the opportunity of objecting to the amount charged. You should contact the Taxing Master Office at Bedford House, Bedford Street, Belfast BT2 7DS. Telephone (01232) 245081 The office will give you the appropriate forms.

PLEASE NOTE:

An application for taxation must be made within three months after you first received the bill, unless there are exceptional circumstances in which case the courts may extend the period to six months. An application can be made by yourself or another solicitor.

An application for taxation cannot be made if the bill has actually been paid, or if you have agreed the fees with the Solicitor and allowed him to deduct them from monies that are owing to you.

A payment of a fee to the Court is required and a further payment to the solicitor for the taxation costs may be required if it turns out that the amount of his bill is justified.

A solicitor who is asked for a remuneration certificate may go to taxation.