Barrister and solicitor
63.73 Barrister and solicitor
(1) This rule applies where a legal practitioner acts in both capacities as a barrister and solicitor, or appears as a barrister instructed by a partner, employee, fellow employee or employer.
(2) An allowance in accordance with rule 63.40(5)(e) shall be allowed to a legal practitioner to whom subrule (1) of this rule refers and who appears as counsel.
(3) The allowance for counsel's fees in a case to which subrule (2) refers shall, subject to subrule (4):
(a) in the case of a legal practitioner who briefs himself as counsel – be three-quarters; and
(b) in the case where a partner, employee, fellow employee or employer is briefed – be five-sixths,
of what would otherwise be allowed to counsel.
(4) An Associate Judge may allow a legal practitioner who appears as counsel and to whom subrule (3) applies a larger fee for so appearing and, in doing so, shall have regard to the matters referred to in rule 63.72(3) as far as they are applicable.
(5) A legal practitioner to whom subrule (3) refers is entitled, for each refresher in a trial, to a fee equal to what would have been allowed to an independent counsel in the same circumstances.
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