Where a solicitor acts for multiple clients whose proceedings are heard together with evidence in one being evidence in the other, and charges on a time-costed basis, there must be an apportionment of time spent on matters common to two or more proceedings. One unit of time cannot be charged more than once. The precise mechanism of apportionment depends on the circumstances but must pay due regard to this principle. Failure to apportion may constitute the deliberate charging of grossly excessive amounts amounting to professional misconduct, even where the solicitor was unaware of a specific rule requiring apportionment.
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