FEE FOR LEGAL SERVICES

Dominion, Volume 22, Issue 130, 26 February 1929, Page 13

FEE FOR LEGAL SERVICES

ACTION IN SUPREME COURT.

By Telegraph.—Press Association.

Auckland, February 25.

A sum of £2OO paid by Alexander Henry Martin to Richard A. Singer, barrister and soliictor, as a deposit upon a total fee of £315 for preliminary legal advice and court work connected with a criminal charge against Martin, formed the basis of an action in the Supreme Court before His Honour Mr. Justice Kennedy. The action was brought under the Law Practitioners Act, which provides that a solicitor’s bills may be referred to taxation to the Registrar of the Supreme Court, who ie empowered to go through the items and state what in his opinion is a fair charge. Singer carried out the preliminary work on behalf of Martin in the Magistrate’s Court, but prior to the trial in the Supreme Court Matrin secured the services of another barrister, who appeared for him. It was now held the Bill should go to taxation in view of the fact that Singer did not act as counsel In the Higher Court. This view was disputed by the defence, it being stated that Singer was prepared to carry out his obligations to the fullest possible etxent, but he was prevented from doing so. In such circumsances Martin was not entitled to the return of any part of the fee paid. Martin was formerly a law clerk, and it was contended that he understood quite well that Singer undertook his case on the understanding that he would act as counsel in the Supreme Court. Counsel for plaintiff said it was clear that only by preventing the fee going to taxation could Singer hope to retain the full amount of £2OO paid to him. His Honour reserved his decision.