A SOLICITOR’S FEE.

Otago Witness, Issue 3912, 5 March 1929, Page 9

A SOLICITOR’S FEE.

SUPREME COURT ACTION.

AUCKLAND, February 25.

The sum of £2OO, paid by Alexander Henry Martin to Richard A. Singer, barrister’ and solicitor, 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 Mr Justice Kennedy. The action was brought under the Law 7 Practitioners Act, which provides that solicitors’ bills may be referred to taxation to the registrar of the Supreme Court, who is empowered to go through : the items and state what in his opinion is a fair charge. Mr Singer carried out the preliminary work on behalf of Mar-. tin in the Magistrate’s Court, but prior to the trial in the Supreme Court Marr tin secured the services of another bar- ; rister, who appeared for him. It was now held that the bill should go to taxation in view of the fact that Mr Singer, did not. act as counsel' in the higher, court. This view was disputed by the defence, it being stated that Mr Singer was prepared to carry out his obligations to the fullest possible extent, but he was prevented from doing so. lii such ' circumstances 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 Mr 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 Mr Singer hope to retain the full amount of the £2OO paid to him. His Honor reserved his decision.