JUDGMENT
Introduction
[1] This is an appeal against the decision of the High Court that allowed the respondent's application to tax a solicitor's bill under s 126 of the Legal Profession Act 1976 (LPA).
Brief Background Facts
[2] The respondent is a law firm. It was made a third party by its former client, ie Brightdale Sdn Bhd in a civil suit filed in the Shah Alam High Court in June of 2015. The respondent notified its insurer, Pacific & Orient Insurance who is also the insurer for all lawyers under the Bar Council's Professional Insurance Indemnity Scheme. The insurer appointed Mr Leong Wai Hong of M/s Skrine to act for the respondent. Subsequently, Mr Leong Wai Hong discharged himself and a fee of RM5,000.00 was paid to M/s Skrine. By August of 2016, parties in the legal suit were attempting to settle the dispute. On 16 August 2016, the insurer appointed Mr Wong Hok Mun of M/s Azim, Tunku Farik & Wong who are the appellant herein to represent the respondent in the matter that was pending settlement. But in an e-mail dated 21 October 2016, the respondent informed the appellant about the settlement effort and requested Mr Wong Hok Mun to "stand down" until there is clear indication that the matter is going to trial.
[3] The settlement negotiations eventually bore fruit and the consent judgment between all parties was recorded on 2 February 2018. Before the settlement was concluded, the insurer forwarded M/s Azim, Tunku Farik & Wong's bill in the sum of RM13,684.60 to the respondent. On the same day, the respondent replied to the insurer to say that the bill was excessive, exorbitant and unreasonable. Attempts to settle the matter between appellant and respondent failed. The insurer demanded payment of the bill via email dated 12 June 2018. The respondent brought the matter to the Bar Council Professional Indemnity Insurance Committee and a meeting was held between all parties. The respondent was informed by the said committee on 27 September 2018 that they were at liberty to tax the bill if they wished. The respondent also requested for a detailed bill but was informed by the committee that the request was declined by Mr Wong Hok Mun.