Statute Details
- Title: Legal Profession (Solicitors’ Remuneration) Order
- Act Code: LPA1966-OR1
- Type: Subsidiary legislation (SL)
- Authorising Act: Legal Profession Act (Cap. 161), section 108
- Citation: Legal Profession (Solicitors’ Remuneration) Order
- G.N. No.: S 40/2003
- Revised Edition: 2010 RevEd (31 May 2010)
- Status: Current version as at 27 Mar 2026
- Key Provisions (extract): Section 2 (non-contentious remuneration standard); Section 3 (additional remuneration for special exertion); Section 4 (security for amounts due); Section 5 (interest on disbursements and costs); Section 6 (transitional provision)
What Is This Legislation About?
The Legal Profession (Solicitors’ Remuneration) Order sets out how a solicitor’s fees and charges are to be assessed for non-contentious business in Singapore. In practical terms, it provides the legal yardstick for determining what remuneration is “fair and reasonable” when the work is not litigation or dispute-driven. The Order is designed to guide both solicitors and clients, and it also supports the court or taxing officer’s approach when assessing costs.
Although the Order is relatively short, it is important because remuneration in professional services can be contentious in its own right. The Order does not attempt to fix a rigid tariff. Instead, it establishes a circumstance-based assessment that requires consideration of multiple factors—such as the importance of the matter, the skill and responsibility involved, complexity, time expended, and the value of money or property at stake.
The Order also addresses two common commercial issues in solicitor-client relationships: (1) whether a solicitor may charge additional remuneration when work is pushed through exceptionally quickly, and (2) whether a solicitor may take security and charge interest on disbursements and costs. Finally, it contains a transitional provision to preserve the effect of the earlier 1996 Order for certain instructions accepted before a specified date.
What Are the Key Provisions?
1. Section 2: The “fair and reasonable” standard for non-contentious business
Section 2 is the core provision. It states that the remuneration of a solicitor for business “other than contentious business” shall be “such sum as is fair and reasonable” having regard to all the circumstances of the case. The provision then lists specific factors that must be considered. For practitioners, this is the central checklist used in fee assessment and taxation.
The factors include: (a) the importance of the matter to the client; (b) the skill, labour, specialised knowledge and responsibility involved; (c) the complexity of the matter and the difficulty or novelty of the question raised; (d) where money or property is involved, the amount or value; (e) the time expended by the solicitor; (f) the number and importance of documents prepared or perused (explicitly “without regard to length”); and (g) the place and circumstances under which the services were rendered or transacted.
Practically, this means that a solicitor cannot justify remuneration solely by reference to time spent, nor can the solicitor rely only on the value of the transaction. The assessment is multi-factor and contextual. For clients, it provides a basis to challenge fees that are disproportionate to complexity, responsibility, or documented work. For solicitors, it underscores the importance of maintaining proper records of work done, documents handled, and the professional judgment exercised.
2. Section 3: Additional remuneration for “special exertion”
Section 3 allows a solicitor, in respect of business that is required to be and is carried through “by special exertion” in an “exceptionally short space of time,” to charge additional remuneration for the special exertion “according to the circumstances.”
This provision is significant because it recognises that urgent transactions often require extraordinary effort—such as accelerated drafting, rapid turnaround of searches, or intensive coordination. However, the statutory language imposes thresholds: the work must be (i) required to be carried through, (ii) carried through, (iii) by special exertion, and (iv) in an exceptionally short space of time. The “according to the circumstances” wording indicates that the additional amount is not automatic; it must be justified by the factual context.
For practitioners, the key is evidential and proportionality. If additional remuneration is claimed, it should be supported by contemporaneous evidence of urgency, the nature of the exertion, and the impact on the solicitor’s workload or resources. The provision also interacts with Section 2’s overarching “fair and reasonable” standard—meaning the additional charge should still be defensible as fair and reasonable in context.
3. Section 4: Security for amounts due and interest
Section 4 permits a solicitor to accept, and a client to give, security for the amount that will become due to the solicitor for business to be transacted and for interest on that amount. The provision is careful to regulate the timing of interest: it provides that interest is not to commence until the amount due is ascertained either by agreement or by taxation.
This is a protective mechanism. It prevents a solicitor from charging interest on an amount that has not yet been determined. The “ascertained” requirement ensures that interest is tied to a quantified sum rather than an estimate. For clients, it reduces the risk of accruing interest on disputed fees. For solicitors, it clarifies that security can be taken, but interest must follow the determination process.
In practice, security arrangements should be documented clearly, including what is being secured, the basis for the amount, and how the interest component will be handled once the fee is agreed or taxed.
4. Section 5: Interest on disbursements and costs
Section 5 deals with when and how a solicitor may charge interest. Under Section 5(1), a solicitor may charge interest at the same rate as a judgment debt on the solicitor’s disbursements and costsone month from the solicitor’s demand for payment from the client.
Section 5(2) addresses a special scenario: where disbursements and costs are payable by an infant or out of a fund not presently available, the demand under Section 5(1) may be made on the parent, guardian, trustee or other person liable. This ensures that interest mechanics operate appropriately where the client’s ability to pay is legally or practically constrained.
For fee disputes, Section 5 is important because it creates a time-based consequence for non-payment after demand. Solicitors should ensure that demands are properly made and that the one-month period is observed. Clients should note that interest may accrue after the demand timeline, which can materially increase the total exposure if payment is delayed.
5. Section 6: Transitional provision
Section 6 preserves the application of the earlier Legal Profession (Solicitors’ Remuneration) Order (O 1, 1996 Ed.) for certain matters. Specifically, notwithstanding the revocation of the 1996 Order, that earlier Order continues to apply to any business for which instructions have been accepted before 1 February 2003, as if the 2003 Order had not been made.
This matters in older files and disputes where the relevant instructions date determines which remuneration regime applies. Practitioners should therefore check the timeline of instructions and engagement carefully when assessing historical fee claims.
How Is This Legislation Structured?
The Order is structured as a short set of provisions, each addressing a discrete aspect of solicitor remuneration for non-contentious work:
Section 1 provides the citation. Section 2 sets the governing standard for remuneration in non-contentious business and lists the factors to consider. Section 3 permits additional remuneration for special exertion in exceptionally short timeframes. Section 4 allows security for amounts due and interest, with a rule that interest starts only after the amount is ascertained by agreement or taxation. Section 5 governs interest on disbursements and costs, including the one-month demand rule and a special mechanism for infants or funds not presently available. Section 6 contains the transitional provision preserving the earlier 1996 regime for instructions accepted before 1 February 2003.
Who Does This Legislation Apply To?
The Order applies to solicitors in Singapore when charging remuneration for non-contentious business—that is, work that is not “contentious business” (typically meaning not litigation or dispute proceedings). The provisions are aimed at the solicitor-client remuneration relationship and the assessment of fees and costs in that context.
It also affects clients indirectly, because the standards and mechanisms (including interest and security) determine what clients may be required to pay and how disputes may be handled. The transitional provision in Section 6 further means that the applicable remuneration framework can depend on when instructions were accepted.
Why Is This Legislation Important?
Although the Order is brief, it plays a practical role in fee assessment and dispute resolution. The “fair and reasonable” standard in Section 2 provides a structured approach for determining remuneration for non-contentious work. This is particularly valuable because non-contentious matters often involve complex document-heavy processes—such as conveyancing, corporate filings, and advisory work—where time alone may not capture the true professional value.
For enforcement and dispute contexts, the Order’s factor list helps practitioners frame arguments. Solicitors can justify fees by linking charges to importance, complexity, responsibility, and the volume and significance of documents. Clients can challenge fees by pointing to disproportionate charges relative to complexity, time, or the actual work performed. In taxation or assessment, the statutory factors provide a clear anchor for decision-making.
Sections 3 to 5 also have direct commercial consequences. Section 3 supports fee uplift for urgent turnaround work, but only where the statutory conditions are met. Section 4 and Section 5 address payment risk and timing—security can be taken, but interest is regulated to start only after quantification (for security arrangements) and after a demand plus one month (for disbursements and costs). These provisions influence how solicitors structure engagement terms, how they document urgency, and how clients manage payment timelines to avoid interest exposure.
Related Legislation
- Legal Profession Act (Cap. 161), section 108 (authorising provision for the making of this Order)
- Legal Profession (Solicitors’ Remuneration) Order (O 1, 1996 Ed.) (revoked, but preserved for certain instructions accepted before 1 February 2003 by Section 6)
Source Documents
This article provides an overview of the Legal Profession (Solicitors’ Remuneration) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.