PART VMiscellaneous

37Agreements between solicitors as to sharing fees

1

An agreement between solicitors acting for the same client to share fees or profits shall be lawful if the following conditions are complied with but not otherwise:—

i

The share payable under the agreement, by the solicitor to whom the fees or profits are due, to the other solicitor shall not exceed one-third.

ii

The solicitor to whom such share is payable shall, not later than the time when he renders his account to the client, inform the client of the terms of the agreement.

iii

The solicitor to whom such share is payable shall make no charge against the client for communications or correspondence with the other solicitor in the matter of the business to which the agreement relates.

iv

The fees or profits to be shared under the agreement shall not include any charge in respect of clerk's writings.

2

Section forty-one of the [23 & 24 Geo. 5. c. 21.] Solicitors (Scotland) Act, 1933, in so far as it relates to the legality of agreements between solicitors acting for the same client is hereby repealed.