Order 45 — Legal Practitioners

Every Legal Practitioner engaged in any cause or matter shall be bound to conduct same on behalf of the party by or for whom he shall have been so engaged until final Judgement, unless allowed by a Judge for any special reason to cease acting therein.

(1) Subject to the following provisions of this Rule, where in any proceedings costs are incurred improperly or without reasonable cause by undue delay or by other misconduct or default, the Judge may make against any Legal Practitioner whom he considers to be responsible, whether personally or through a servant or agent, an Order:
(a) disallowing the costs as between the Legal Practitioner and his client and directing the Legal Practitioner to pay to his client costs which the client has been ordered to pay to other parties in the proceedings; or
(b) directing the Legal Practitioner personally to indemnify such other parties against costs payable by them.

(2) The provisions of this Rule shall apply where proceedings cannot conveniently proceed or fail or are adjourned without useful progress being made because of the failure of the Legal Practitioner to:
(a) attend in person or by a proper representative; or
(b) deliver any process or document for use in the Court which ought to have been delivered; or
(c) be prepared with any proper evidence or account; or
(d) otherwise to proceed with the matter.

(3) Where the Legal Practitioner admits that the failure or neglect or unwillingness of a party to act, or where the party has acted negligently and the Legal Practitioner admits that the failure, neglect or unwillingness is the fault of the Legal Practitioner and any cost be occasioned or awarded, such cost shall be awarded against the Legal Practitioner and not the party, and the Legal Practitioner shall pay the cost before the next adjourned date, failing which the Legal Practitioner shall be denied audience.

(4) No Order under this Rule shall be made against a Legal Practitioner unless he has been given a reasonable opportunity to appear before the Judge to show cause why the Order should not be made.

(5) The Judge may direct that notice of any proceedings or Order against a Legal Practitioner under this Rule shall be given to his client in such manner as may be specified in the direction.

(6) Where, on the assessment of costs to be paid out of a fund, one-sixth or more of the amount of the bill for those costs is taxed off, the Legal Practitioner whose bill it is shall not be allowed the fees to which he would otherwise be entitled for drawing the bill and for attending the taxation.

Where by these Rules any act may be done by any party in any proceedings, such act may be done either by the party in person, by his Legal Practitioner or by his agent, unless an agent is expressly barred under these Rules.

An application for a change or withdrawal of Legal Practitioner may be made by a party or his Legal Practitioner, as the case may be, not less than three clear days before the date fixed for hearing.

An application for change of Legal Practitioner under this Order shall be served on all parties to the cause or matter and where applicable, also on the outgoing Legal Practitioner if he is not the Applicant.

A Legal Practitioner who was changed, or who withdrew his appearance for a party, may re-appear for the same party with leave of the Judge.

(1) Where the relationship of Legal Practitioner and client exists or has existed, a Summons may be issued by the client or his representatives for the delivery of a cash account or the payment of monies or the delivery of securities.

(2) A Judge may from time to time order the Respondent to deliver to the Applicant a list of the monies or securities which he has in his custody or control on behalf of the Applicant or to bring into Court the whole or any part of the same, within such time as the Judge may order.

(3) In the event of the Respondent alleging that he has a claim for costs, the Judge may make such provision for the taxation and the payment of security thereof or the protection of the Respondent’s lien, if any, as he may deem fit.

(4) (a) If during the taxation or any bill of costs or the taking of any account between Legal Practitioner and client, it shall appear to the Taxing Officer that there must in any event, be monies due from the Legal Practitioner to the client, the Taxing Officer may from time to time make an interim certificate as to the amount so payable by the Legal Practitioner.
(b) Upon the filing of such certificate, a Judge may order the monies so certified, to be forthwith paid to the client or brought into Court.

(1) Where the relationship of Legal Practitioner and client exists or has existed, a Summons may be issued by the client or his representatives for the delivery of a cash account or the payment of monies or the delivery of securities.

(2) A Judge may from time to time order the Respondent to deliver to the Applicant a list of the monies or securities which he has in his custody or control on behalf of the Applicant or to bring into Court the whole or any part of the same, within such time as the Judge may order.

(3) In the event of the Respondent alleging that he has a claim for costs, the Judge may make such provision for the taxation and the payment of security thereof or the protection of the Respondent’s lien, if any, as he may deem fit.

(4) (a) If during the taxation or any bill of costs or the taking of any account between Legal Practitioner and client, it shall appear to the Taxing Officer that there must in any event, be monies due from the Legal Practitioner to the client, the Taxing Officer may from time to time make an interim certificate as to the amount so payable by the Legal Practitioner.
(b) Upon the filing of such certificate, a Judge may order the monies so certified, to be forthwith paid to the client or brought into Court.