In situations whereby a client has failed to pay the professional fees of a legal practitioner.
What are the preconditions a legal practitioner must fulfil before commencing an action to recover fees upon a bill of charges?
The Court of Appeal gave its verdict on what the legal practitioner is expected to do in order to recover his fees.
“Usually, the legal practitioner and his client would agree in advance on professional fees or rely on the terms of any agreement reached for payment of his fees at the conclusion of the matter. He would be paid upon the agreed fees. However, where he has not received his fees, by Section 16 (1) of the LPA, he must first of all , prepare a bill of charges or a bill for the charges which should duly particularize the principal items of his claim; second, he must serve his client with the bill ; and third, he must allow a period of one month to elapse from the date the bill was served;…”
- Per EKANEM, JCA.(Pp . 50-52,Paras.B-A). In AZUASONOGO vs. BENUE STATE GOVERNMENT & ANOR.( 2019)LPELR-47270(CA )
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