Q&As

Can I charge a contingency-based uplift on a high-value transaction, eg an uplift on the hourly rate or a percentage of value of transaction if the transaction completes?

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Produced in partnership with Gilles Ward of DG Legal
Published on LexisPSL on 31/08/2016

The following Practice Compliance Q&A produced in partnership with Gilles Ward of DG Legal provides comprehensive and up to date legal information covering:

  • Can I charge a contingency-based uplift on a high-value transaction, eg an uplift on the hourly rate or a percentage of value of transaction if the transaction completes?

Can I charge a contingency-based uplift on a high-value transaction, eg an uplift on the hourly rate or a percentage of value of transaction if the transaction completes?

Section 56(4) of the Solicitors Act 1974 (SA 1974) stipulates that in respect of non-contentious business, solicitors should be remunerated:

  1. by a gross sum

  2. by a fixed sum for each document prepared or perused, without regard to length

  3. in any other mode, or

  4. partly in one mode and partly in another

The Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/1931, provides that a solicitor’s costs must be fair and reasonable, having regard to all the circumstances of the case. Regulation 3 specifically refers to:

  1. the complexity of the matter or the difficulty or novelty of the questions raised

  2. the skill, labour, specialised knowledge and responsibility involved

  3. the time spent on the business

  4. the number and importance of the documents prepared or considered, without regard

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