MHERESI v MCNAUGHT WICKWAR 1997 (2) ZLR 386 (S)

Flynote

Legal practitioner — fees — fees not agreed in advance — dispute as to fees — duty of practitioner to advise client to have reasonableness of fees determined by taxing master

Practice and procedure — summary judgment — claim for legal fees — fees in dispute — summary judgment inappropriate

Headnote

The respondent, a firm of legal practitioners, obtained summary judgment against their client, the appellant, in respect of legal fees it claimed were owed to it. The client had not agreed a specific fee in advance. The firm claimed that it was charging according to the Law Society's tariff and that it was at least impliedly agreed that the client would pay a reasonable fee. The fees charged in fact appeared to be in excess of the tariff.

Held, that it was at least debatable whether the client could be deemed to have agreed to pay a reasonable fee and, if he had, whether the fee actually charged was reasonable.

Held, further, that the public should be aware, or made aware, that any client dissatisfied with his lawyer's charges may insist that the lawyer tax his bill. Taxation is necessary to prove the reasonableness of the fee, if this is disputed. The court should not have to determine the reasonableness of the fee, except by way of review from the taxing master.

Held, therefore, that summary judgment should not have been granted.