FORMS. PART I. SOLICITORS. SECTION 1. EMPLOYMENT OF SOLICITOR II. AGREEMENTS BETWEEN SOLICITOR AND CLIENT AS TO COSTS.. III. DELIVERY AND TAXATION OF BILLS BETWEEN PAGE 1 4 6 V. VI. IV. CASH ACCOUNT AND DELIVERY OF SECURITIES 20 20 22 SECTION I.-EMPLOYMENT OF SOLICITOR (a). 1. Retainer of a Solicitor by Plaintiff to sue (b). I, A. B., of hereby retain and employ Mr. X. Y., of as my solicitor, to commence and prosecute an action against C. D., of --, for the recovery [or enforcing] of my claims upon him [or for the recovery of a debt of £- which I claim to be owing to me from the said C. D., or as the case may be]. Dated Witness W. W. (a) See 1 Pract. 14th ed. 99. A. B. (b) A verbal retainer to sue or defend will (except in the case of a corporation) suffice to enable the solicitor to charge his client for the business done, but it is safest and best to obtain a written retainer, in either the above or some other form. As a rule, the retainer by a corporation must be under seal, unless there is something in the Act of Parliament or charter of incorporation which enables the corporation to appoint a solicitor in some other way. In the case of a company incorporated under the Companies Acts, 1862 to 1900, the retainer need not be under seal (Companies Act, 1867, 30 & 31 Vict. c. 131, s. 37). ·I, C. D., of 2. The like, by Defendant to defend (c). [Title, &c., as in writ of summons.] the above-named defendant, hereby retain and employ Mr. W. Z. as my solicitor, to defend the above action [or as the case may be]. Dated Take notice that I, the above-named A. B. [or C. D.], have changed my solicitor herein, and appointed Mr. X. Y., of, in the as my solicitor to sue [or defend] for me herein, in the and that the address for service of the said [county] of Mr. X. Y. is To the defendant [or plaintiff], and Mr., his solicitor, and to all persons whom it may concern. 4. The like Notice, by the new Solicitor. [Title, &c., as in preceding form.] Take notice that [the undersigned] X. Y., of -[name and address of the new solicitor], has been appointed to act as the solicitor of the abovenamed plaintiff [or defendant, or defendant E. F.] in this action, in the place of Mr. S. [name of former solicitor]. The address for service of the above-named X. Y. is To the above-named defendant [or plaintiff], and (c) See note (b), form No. 1. - [insert address Yours, &c., X. Y., Solicitor for the (d) By R. S. C., Ord. VII., r. 3, "A party suing or defending by a solicitor shall be at liberty to change his solicitor in any cause or matter, without an order for that purpose, upon notice of such change being filed in the Central Office, or in the District Registry, if the cause or matter is proceeding therein; but until such notice is filed and a copy thereof served, and (in causes or matters pending in the Chancery Division) left in the Chambers of the Judge to whom the cause or matter is assigned, the former solicitor shall be considered the solicitor of the party until the final conclusion of the cause or matter, whether in the High Court or the Court of Appeal." 5. Notice of Change of Town Agent. [Title, &c., as in form No. 3, supra.] Take notice that [the undersigned] 7. A., of [name and address of the new town agent], has been appointed by [the undersigned] X. Y., of [name and address of the country solicitor], the solicitor of the abovenamed plaintiff [or defendant, or defendant E. F.], to act as his London agent in this action, in the place of Mr. O. [name of former agent]. The address for service of the above-named T. A. is for service]. [insert address Dated this day of 19-. Yours, &c., X. Y. [or T. A.], To the above-named defendant [or plaintiff], and 6. Notice of Change of Solicitor and Agent. Take notice that X. Y., of [name and address of the new solicitor], has been appointed to act as the solicitor of the above-named plaintiff [or defendant, or defendant E. F.] in this action, in the place of Mr. S. [name of former solicitor], and also that [the undersigned] T. A., of -[name] [пате and address of the new agent], has been appointed to act as the London agent of the said X. Y. in this action, in the place of Mr. O. [name of former agent]. The address for service of the above-named T. A. is [insert address Yours, &c., T. A., Agent for the said X. Y., solicitor for the To the above-named defendant [or plaintiff], and 7. Notice that Party will act in Person. Take notice that I, A. B. [or C. D.], the above-named plaintiff [or defendant], intend in this action to act in person, instead of by Mr. X. Y. [name of former solicitor], who is no longer my solicitor herein, and that my address for service is [insert address for service, which in town cases must be within three miles of the Royal Courts of Justice]. Dated this day of 19-. Yours, &c., A. B. [or C. D.], Plaintiff [or defendant] in person. To the above-named defendant [or plaintiff], and SECTION II.-AGREEMENTS BETWEEN SOLICITORS AND CLIENTS AS TO COSTS (e). 1. Form of Agreement (e). Memorandum of agreement made this A. B., of, in the day of, 19-, between solicitor of the Supreme Court, and C. D., of in the Whereby it is agreed that the said A. B. shall act as the solicitor of and for the said C. D., and shall, as such, prosecute an action at his suit against E. F. [or as the case may be, describing the work to be done], and in consideration of his so doing, the said C. D. hereby retains the said A. B. as his solicitor to do the said work and services, and agrees that the remuneration to be paid by the said C. D. to the said A. B. in respect thereof shall be as follows, that is to say [here set out the agreed terms as to remuneration], and the said C. D. hereby agrees to pay to the said A. B. the said remuneration. [Here set out any further terms agreed on.] As witness the hands of the said A. B. and C. D. Witness, &c. (Signed) A. B. C. D. (e) Agreements as to Costs.]—By the Attorneys and Solicitors Act, 1870 (33 & 34 Vict. c. 28, s. 4), “An attorney or solicitor may make an agreement in writing with his client respecting the amount and manner of payment for the whole or any part of any past or future services, fees, charges or disbursements in respect of business done or to be done by such attorney or solicitor, whether as an attorney or solicitor or as an advocate or conveyancer, either by a gross sum or by commission or percentage or by salary or otherwise, and either at the same or at a greater or at a less rate as or than the rate at which he would otherwise be entitled to be remunerated, subject to the provisions and conditions in this part of this Act contained: Provided always, that when any such agreement shall be made in respect of business done or to be done in any action at law or suit in equity, the amount payable under the agreement shall not be received by the attorney or solicitor until the agreement has been examined and allowed by a taxing officer of a Court having power to enforce the agreement; and if it shall appear to such taxing officer that the agreement is not fair and reasonable, he may require the opinion of a Court or a Judge to be taken thereon by motion or petition, and such Court or Judge shall have power either to reduce the amount payable under the agreement, or to order the agreement to be cancelled and the costs, fees, charges, and disbursements in respect of the business done to be taxed in the same manner as if no such agreement had been made." The agreement must be in writing, and must be signed by the client (Re Lewis, 1 Q. B. D. 724); but need not be signed by the solicitor (Re Thompson, [1894] 1 Q. B. 462; Re Jones, [1895] 2 Ch. 719). A verbal agreement by a client to pay a lump sum in discharge of past costs is not binding (Re Russell, 30 Ch. D. 114). An agreement by a solicitor not to charge anything for costs need not be in writing (Jennings v. Johnson, L. R. 8 C. P. 425). On the question whether there has been such a written agreement as the statute requires, see Re Fernandes, W. N. (1878) 57; Re Stogdon, 56 L. J. Ch. 420; Pontifer v. Farnham, 62 L. J. Q. B. 344; Re Frape, [1893] 2 Ch. 284; Re Baylis, [1896] 2 Ch. 107. The agreement must not only be fair in the sense that it was understood by the client, but must also be reasonable in amount, having regard to the work (Re Stuart [1893] 2 Q. B. 201). The interests of third parties are saved by sect. 5. Sect. 6 provides that the agreement shali be deemed to exclude any claim for remuneration beyond that named in the agreement, and sect. 7 reserves the liability for negligence. 2. Originating Summons to have Agreement enforced or set aside (ƒ). In the High Court of Justice. of King's Bench Division. In the matter of the Attorneys and Solicitors Act, 1870. And in the matter of an agreement between A. B., a solicitor of the Supreme Court, and C. D. 19—, at o'clock in the Let all parties concerned attend the Master in Chambers at the Central Office, Royal Courts of Justice, Strand, London, onday, the -day -noon, on the hearing of an application on the part of the above-named A. B. [or C. D.] that the question respecting the validity and effect of an agreement in writing. 19, and made between the said A. B. and dated the day of C. D., may be examined and determined and the said agreement be enforced by an order that the said C. D. do forthwith pay to the said A. B. the sum of £ [or that the said agreement may be set aside, or as the case may be], and that the said C. D. [or A. B.] do pay to the said A. B. [or C. D.] the costs of and occasioned by this application. [All such terms or orders as are required should be asked for in the summons.] This summons was taken out by To NOTE. It will not be necessary for you to enter an appearance in the Central Office, but if you do not attend either in person or by your solicitor, at the time and place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient. (f) By sect. 8 of the above Act, "No action or suit shall be brought or instituted upon any such agreement, but every question respecting the validity or effect of any such agreement may be examined and determined, and the agreement may be enforced or set aside, without suit or action, on motion or petition of any person or the representative of any person a party to such agreement, or being or alleged to be liable to pay, or being or claiming to be entitled to be paid, the costs, fees, charges, or disbursements in respect of which the agreement is made, by the Court in which the business or any part thereof was done, or a Judge thereof, or, if the business was not done in Court, then, where the amount payable under the agreement exceeds 50l., by any superior Court of law or equity, or a Judge thereof, and where such amount does not exceed 507, by the Judge of a County Court which would have jurisdiction in an action upon the agreement." By sect. 9, "Upon any such motion or petition as aforesaid, if it shall appear to the Court or Judge that such agreement is in all respects fair and reasonable between the parties, the same may be enforced by such Court or Judge by rule or order, in such manner and subject to such conditions, if any, as to the costs of such motion or petition as such Court or Judge may think fit; but if the terms of such agreement shall not be deemed by the Court or Judge to be fair and reasonable, the same may be declared void, and the Court or Judge shall thereupon have power to order such agreement to be given up to be cancelled, and may direct the costs, fees, charges and disbursements incurred or chargeable in respect of the matters included therein to be taxed in the same manner and according to the same rules as if such agreement had not been made, and the Court or Judge may also make such order as to the costs of and relating to such motion or petition, and the proceedings thereon, as to the said Court or Judge may seem fit." Proceedings under sects. 8 and 9 are by originating summons at Chambers (Re |