Default of Service Payments between
SAHEED, Afeez Ayinde
The relationship between a client and a Legal practitioner is one of service being rendered with payment in return. The contendment is who can determine amount to be paid payment. This is has been regulated by the legal practitioners Actt1962 and the cross is whether a legal practitioner can sue his client for default in payment.
This has been clearly distinguished from the practice of England as cited in the foreign case below
Clare v. Joseph (1907) 2 KB 369 at 376 per Fletcher Moulton LJ. (Brackets supplied).
It is against the foregoing background that the various statutory enactments relating to the solicitor and his client in England, and (in Nigeria), to the legal practitioner (i.e. the barrister, solicitor) and his client may be closely examined.
Again, in England it is only the client who may ask for taxation of a bill of costs sent to him by his solicitor,
whereas the Nigerian statute speaks of a bill of charges which may be taxed at the request not only of the client but also of the legal practitioner. The reason for the difference is not far to seek it lies in the lack of clear cut separation in this country of the work or duties of the solicitor and counsel.
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