Rule 50 Rules of Professional Conduct for Legal Practitioners
Rule 50 of the Rules of Professional Conduct for Legal Practitioners (RPC) 2023 is about Contingent fee arrangement. It is under Part VI (Remuneration and Fees) of Chapter 1 (Conduct) of the Rules. It provides as follows:
(1) A lawyer may enter into a contract with his client for a contingent fee in respect of a civil matter undertaken or to be undertaken for a client whether contentious or non-contentious, provided that —
(a) the contract is reasonable in all the circumstances of the case including the risk and uncertainty of the compensation ;
(b) the contract is not—
(i) vitiated by fraud, mistake, or undue influence ; or
(ii) contrary to public policy ; and
(c) if the employment involves litigation, it is reasonably obvious that there is a bonafide cause of action.
(2) A lawyer shall not enter an arrangement to charge or collect, a contingent fee for representing a defendant in a criminal case.
(3) Except as provided in paragraph (1) of this rule, a lawyer shall not purchase or otherwise acquire directly or indirectly an interest in the subject matter of the litigation which he or his firm is conducting, but he may acquire a lien granted by law to secure his fees and expenses.
(4) A lawyer shall not enter a contingent fee arrangement without first having advised the client of the effect of the arrangement and afforded the client an opportunity to retain him under an arrangement whereby he would be compensated based on a reasonable value of his services.
(5) In this rule, “contingent fee’ means fee paid or agreed to be paid for the lawyer’s services under an arrangement whereby compensation, contingent in whole or in part upon the successful accomplishment or deposition of the subject matter of the agreement, is to be of an amount which is either fixed or is to be determined under a formula.
