LEGAL PRINCIPLE: CONTRACT LAW — Quantum Meruit — Claimant Must Particularise Services Rendered to Enable Assessment
PRINCIPLE STATEMENT
A legal practitioner must present a bill particularizing fees and charges, including perusing documents, conducting inquiries, drawing processes, court appearances with dates, work summary indicating difficulty, counsel's standing. Fees should be indicated against each item.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Savannah Bank of Nigeria Plc v. Opanubi (2004) NLC-1542000(SC) at p. 14; Paras D–E.
"A legal practitioner should be able to present a bill of charges which, among other facts, should particularize his fees and charges, e.g. (a) perusing documents and giving professional advice; (b) conducting necessary (specified) inquiries; (c) drawing up the writ of summons and statement of claim; (d) number of appearances in court and the dates; (e) summarized statement of the work done in court, indicating some peculiar difficult nature of the case (if any) so as to give an insight to the client as to what he is being asked to pay for; (f) the standing of counsel at the bar in terms of years of experience and/or the rank with which he is invested in the profession. It is necessary to indicate amount of fees against each of these items."
EXPLANATION / SCOPE
Quantum meruit claims require detailed particularisation of services rendered with corresponding fees. The bill must specify each item of work and the fee claimed. The principle applies to legal practitioner remuneration. The rule enables assessment of reasonable compensation. Vague or lump-sum claims are insufficient. The client should understand what services are being charged for.
