BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
1.4 Legal Representation in Court Rights of audience are enjoyed by attorneys-at- law admitted to practise law in Belize under the Legal Profession Act, 2020 and those appearing as agents of the Belize government, still referred to as the Crown. Belize’s High Court system provides for court- annexed mediation. Lay parties are free to rep- resent themselves in these proceedings. The parties to such mediation are under an obliga- tion to keep information disclosed during those sessions confidential. 2. Litigation Funding 2.1 Third-Party Litigation Funding Belize has not adopted legislation permitting litigation to be funded by third parties. Further- more, the common law doctrine of champerty makes it unlawful for a third party with no previ- ous interest in a suit to interfere in the disputes of others by funding it with a view to profiting from its proceeds. Similarly, the common law doctrine of maintenance prohibits a disinterested third party from meddling in the litigation of others’ disputes by supporting or encouraging it. Attorneys are generally prohibited from entering into partnerships or fee sharing arrangements concerning the practice of law with non-qualified bodies or persons. Attorneys are also prohib- ited from accepting any fee or reward for merely introducing a client or referring a case or client to another attorney. 2.2 Third-Party Funding: Lawsuits Given the restrictions discussed in 2.1 Third- Party Litigation Funding , this issue does not arise in this jurisdiction.
2.3 Third-Party Funding for Plaintiff and Defendant This issue does not arise in this jurisdiction. 2.4 Minimum and Maximum Amounts of Third-Party Funding This issue does not arise in this jurisdiction. 2.5 Types of Costs Considered Under Third-Party Funding This issue does not arise in this jurisdiction. 2.6 Contingency Fees Attorneys’ contingency fee agreements are expressly permitted by Section 33 of Belize’s Legal Profession Act, 2020. These agreements may be made to wholly or partly cover an attor- ney’s remuneration for legal business done on a client’s behalf; they must be in writing and signed by the client or their agent. These agree- ments may be sued on and recovered on or set aside. However, if in any suit for the recovery of such fees the agreement appears to the court to be unfair and unconscionable, the court may order that the agreement is cancelled or that the amount payable under it is reduced. In that sense, the fairness of these agreements is sub- ject to review by Belize’s courts. 2.7 Time Limit for Obtaining Third-Party Funding This issue does not arise in this jurisdiction.
3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct
Although not mandatory, it is accepted common practice that putative claimants will make written demands of intended defendants before com-
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