The Legal Practitioners (Fees) Act, 1926

An Act to define in certain cases the rights of legal practitioners to sue for their fees and their liabilities to be sued in respect of negligence in the discharge of their professional duties.

Act No. ACT NO. XXI OF 1926

Date: 25th March, 1926

An Act to define in certain cases the rights of legal practitioners to sue for their fees and their liabilities to be sued in respect of negligence in the discharge of their professional duties. WHEREAS it is expedient to define in certain cases the rights of legal practitioners to sue for their fees and their liabilities to be sued in respect of negligence in the discharge of their professional duties; It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(1) This Act may be called the Legal Practitioners (Fees) Act, 1926.

(2) It extends to the whole of ¹Bangladesh.

(3) It shall come into force on such date as the ²Government may, by notification in the official Gazette, appoint.

Section 2. Interpretation

For the purposes of this Act, unless there is anything repugnant in the subject or context,

³(a) "Legal practitioner" means an advocate and includes a mukhtear or a Revenue agent; and

(b) a legal practitioner shall not be deemed to "act" if he only pleads, or to "agree to act" if he agrees only to plead.

Section 3. Agreement for engagement of legal practitioner

Any legal practitioner who acts or agrees to act for any person may by private agreement settle with such person the terms of his engagement and the fee to be paid for his professional services.

Section 4. Right of legal practitioner to sue for fees

Any such legal practitioner shall be entitled to institute and maintain legal proceedings for the recovery of any fee due to him under the agreement, or, if no such fee has been settled, a fee computed in accordance with the law for the time being in force in regard to the computation of the costs to be awarded to a party in respect of the fee of his legal practitioner.

Section 5. Liability of legal practitioner to be sued

No legal practitioner who has acted or agreed to act shall, by reason only of being a legal practitioner, be exempt from liability to be sued in respect of any loss or injury due to any negligence in the conduct of his professional duties.

Section 6. [Repealed ]

[Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927 ).]

Footnotes

1.The word "Bangladesh" was substituted, for the word "Pakistan" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

2.The word "Government" was substituted, for the words "Central Government" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)

3.Clause (a) was substituted, for former clause (a) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) (See: Bangladesh Laws (Revision And Declaration) Act, 1973)