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Legal Practitioners Act 1973 - Legal Practitioners (Practice) Rules 1973

REPUBLIC OF NAURU

LEGAL PRACTITIONERS ACT 1973

LEGAL PRACTITIONERS (PRACTICE) RULES 1973

IN EXERCISE of the powers conferred on me by section 57 of the Legal Practitioners Act 1973, I hereby make the following Rules -

SHORT TITLE AND COMMENCEMENT

1. These Rules may be cited as the Legal Practitioners (Practice) Rules 1973 and shall come into force on the same date on which the Act comes into force.

INTERPRETATION

2. In these Rules -

"contentious business" includes any business done by a legal practitioner in any court or before any tribunal in Nauru;

"non-contentious business" includes any business connected with sales, purchases, leases, mortgages, settlements, and other matters of conveyancing;

"costs" includes fees, charges, disbursements, expenses and remuneration.

TOUTING AND ADVERTISING PROHIBITED

3. A legal practitioner shall not directly or indirectly apply for or seek instructions for professional business or do or permit in the carrying on of his practice any act or thing which can reasonably be regarded as touting or advertising or as calculated to attract business unfairly.

PLEADERS NOT TO RECEIVE MONEYS, ETC., ON BEHALF OF CLIENTS

4. A pleader shall not receive from any person, or hold any moneys or other property on behalf of a client:

Provided that nothing in this Rule shall prevent a pleader receiving from his client and holding on his behalf moneys necessary for disbursements to be made by the pleader on the client's behalf.

PLEADERS NOT TO DO PROFESSIONAL BUSINESS IN NON-CONTENTIOUS
MATTERS

5. A pleader shall not do any professional business in non-contentious matters

PURCHASE OF INTEREST IN SUIT, ETC., PROHIBITED

6. (1) A practitioner shall not purchase the interest or any part of the interest of any client in any suit, action or other contentious proceeding which has been, is to be or may be brought or maintained.

(2) A practitioner shall not agree to any fee or other reward for any professional service which has been, is to be or may be rendered by him being payable only in the event of success in any suit, action or other contentious proceeding, or to the amount of any fee or other reward for any such professional service depending on the result of any suit, action or other contentious proceeding.

OFFERING TO DO PROFESSIONAL BUSINESS AT LESS THAN PRESCRIBED SCALES OF CHARGES PROHIBITED

7. A legal practitioner shall not hold himself out or allow himself to be held out, directly or indirectly and whether or not by name as being prepared to do professional business in contentious or in non-contentious matters at less than the scale fee, if any, prescribed therefor by any written law:

Provided that the Chief Justice or, in his absence from Nauru, the Registrar may authorise a practitioner to offer his professional services to do any professional business without fee or at less than such scale fee for a client who appears to the Chief Justice or the Registrar, as the case may be unable because of lack of means, to pay the scale fee therefore.

SHARING OF PROFIT COSTS WITH UNQUALIFIED PERSON PROHIBITED

8. A practitioner shall not share or agree to share with any person who is not a practitioner or other duly qualified legal agent practising in Nauru or in any country or territory of the Commonwealth his profit costs in respect of any business, either contentious or non-contentious:

Provided always that -

(a) a practitioner carrying on practice on his own account may agree to pay an annuity or other sum out of profits to a retired partner or predecessor or the dependants or personal representative of a deceased partner or predecessor;

(b) a practitioner who has agreed in consideration of being paid a salary to do the legal work of an employer who is not a practitioner may agree with the employer to set off his profit costs received in respect of contentious business from the opponents of the employer or the costs paid to him as the barrister and solicitor for the employer by third patties in respect of non-contentious business against -

(i) the salary so paid or payable to him; and

(ii) the reasonable office expenses incurred by the employer in connection with the practitioner,

to the extent of such salary and expenses.

MADE this 18th day of December, 1973

I. R. Thompson
Chief Justice

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