s 115B Conditional fee agreement for prescribed proceedings
115B.—(1) A solicitor, a foreign lawyer or a law practice entity may make with a client a conditional fee agreement in relation to remuneration or costs in prescribed proceedings. (2) Where the requirements mentioned in subsection (4) are complied with in relation to a conditional fee agreement, the agreement —(a) is not unenforceable by reason only of its being a conditional fee agreement; and (b) is not contrary to public policy or otherwise illegal, by reason only that it is a contract for maintenance or champerty. (3) The consequences for failure to comply with all of the requirements mentioned in subsection (4) are set out in section 115D. (4) The requirements mentioned in subsections (2) and (3) are as follows:(a) the conditional fee agreement must be in writing and signed by the client; (b) the conditional fee agreement must not provide for the remuneration or costs to be payable as a percentage or proportion of the amount of damages or other amounts awarded to or recovered by the client in any contentious proceedings; (c) any other requirement prescribed under subsection (7). (5) A provision in any conditional fee agreement is void and unenforceable which has or purports to have the effect that the solicitor, foreign lawyer or law practice entity —(a) will not be liable for negligence; or (b) will be relieved from any responsibility to which the solicitor, foreign lawyer or law practice entity would otherwise be subject as a solicitor, foreign lawyer or law practice entity. (6) To avoid doubt, a conditional fee agreement may provide for the whole or any part of the remuneration and costs payable in specified circumstances to include remuneration and costs incurred in relation to —(a) preliminary and preparatory advice and other legal services for the purposes of and before the commencement of any contemplated prescribed proceedings even if those proceedings are eventually not commenced or if the claim or dispute in those proceedings is settled; or (b) negotiations or settlement of a claim or dispute for the purposes of any contemplated prescribed proceedings even if those proceedings are eventually not commenced or if the claim or dispute in those proceedings is settled. (7) The Minister may make regulations necessary or convenient for carrying out or giving effect to this Part, including regulations to prescribe any of the following:(a) the class or classes or descriptions of contentious proceedings to which a conditional fee agreement may relate; (b) requirements relating to the form of a conditional fee agreement; (c) requirements relating to the terms and conditions of a conditional fee agreement; (d) requirements relating to maximum limits on the remuneration or costs (including the uplift fee) that may be charged under a conditional fee agreement determined or calculated by reference to a prescribed amount, a prescribed fixed or hourly rate or a percentage of the prescribed amount or rate or any combination thereof; (e) requirements relating to prescribed information that must be provided to a client before any conditional fee agreement is entered into; (f) requirements relating to a party to a conditional fee agreement. (8) Rules of Court may make provision with respect to —(a) the assessment of any remuneration or costs payable under a conditional fee agreement or in other circumstances mentioned in this Part; and (b) the procedure and practice of applications made under this Part. (9) The regulations made under subsection (7) and the Rules of Court made under subsection (8) may provide for different requirements, conditions or procedures for different classes or descriptions of proceedings. (10) Any addition to or deletion or other variation of any requirement mentioned in subsection (4) does not affect any agreement which was entered into before the date of commencement of that addition, deletion or variation.[Act 8 of 2022 wef 04/05/2022]