Cost and Fees

• Author: Karen Nunez-Tesheira
• Pages: 499-513

Costs and Fees / 499

COSTS

In the absence of an agreement for remuneration, the quantum of an

attorney-at-law’s fees with respect to non-contentious probate matters is

regulated in Barbados, Guyana and Trinidad & Tobago by legislation and

in the Eastern Caribbean territories, Jamaica and The Bahamas by practice,

custom and convention.

Barbados, Guyana and Trinidad & Tobago

With respect to the above jurisdictions, statutory powers have been

conferred on the relevant rule-making bodies1to formulate rules for

regulating and prescribing the quantum of remuneration an attorney may

change with respect to non-contentious business matters.

GUIDELINES IN GENERAL

In determining the appropriate fees to be charged by an attorney-at-law

with respect to non-contentious probate matters, statutory and other

regulatory guidelines are required to be taken into account by the respective

rule making bodies of these territories.

Code of Ethics2

Trinidad & Tobago and Barbados

The relevant rule of the Code of Ethics made under and pursuant to the

respective Legal Profession Acts of the above territories prescribes that in

charging fees an attorney at law shall not charge fees that are unfair and

unreasonable.

In determining the fairness and reasonableness of fees the following is

required to be taken into account:

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Costs and Fees