Lawyers fees
Account
(Querist) 16 September 2014
This query is : Resolved
Hi,
My husband wanted to divorce me.I finally agreed for MCD after trying a lot. We gone to his lawyer to file joint petition. His lawyer told X fees for both. In front of lawyer i requested my husband to pay lawyer fees which were very less considering my husband income. I dint not claimed any alymoney nor stridhan. (Coz i dint want to claim). Now we got final hearing date in oct. Now his lawyer called me to pay fees the amount he said XX. Now i dont want to pay because my husband appointed him and husband took his service. If i do not pay what will happen? councelling is over.
Devajyoti Barman
(Expert) 16 September 2014
The lawyer is indulging in unfair practice. Do not pay him anything extra. You can change lawyer or brig this to the notice of the Bar Association to which he is a member,
Account
(Querist) 16 September 2014
OK. but if i dont pay any impact on my proceeding? we have filled clear petition not claiming anything also counceller report signed that no reconciliation is possible.
Account
(Querist) 16 September 2014
I want to ask you sir that lawyer is required at this last stage and last hearing? Thanks
ajay sethi
(Expert) 16 September 2014
yes lawyer presence would be required at time of second motion
Account
(Querist) 16 September 2014
Sir. Thanks for your reply. Can you please little explain about impact if i dont pay. I will not get divorce or i cant appear for final hearing if lawyer refuge to come? what exactly will be the impact because i am going to refuge the payment. Or can i handle my own case?
Account
(Querist) 16 September 2014
Sir. Thanks for your reply. Can you please little explain about impact if i dont pay. I will not get divorce or i cant appear for final hearing if lawyer refuge to come? what exactly will be the impact because i am going to refuge the payment. Or can i handle my own case?
Isaac Gabriel
(Expert) 17 September 2014
Don't imagine too much.Expert BURMAN HAS GIVEN you categorical advice,abide.
Devajyoti Barman
(Expert) 17 September 2014
Engage a new advocate if you so wish.
Rajendra K Goyal
(Expert) 17 September 2014
You should lodge complaint to Bar Association. You can entrust another lawyer. On the date of second motion you should be present.
R.K Nanda
(Expert) 17 September 2014
no more to add.
K.K.Ganguly
(Expert) 17 September 2014
1. Since your husband proposed MCD which you accepted without asking for any compensation and also as your husband agreed to pay your lawyer's fee, you inform your husband that you will not appear on the day of the 2nd motion if he does not settle the dues of the advocate,
2. If you do not appear, the divorce will not be granted and all the efforts of your husband will go for a toss for which he will take the initiative to settle the matter,
3. On receipt of the confirmatory letter from your lawyer confirming that he has received all payments on your account and there is no further amount due from you, you appear on the said day of 2nd motion.
Account
(Querist) 19 September 2014
Thank you experts. But i am getting confused now. whether lawyers require? my husband will pay to lawyer or not! but can i appear for 2nd motion?
K.K.Ganguly
(Expert) 19 September 2014
1. What is your confusion? Your query was captioned as 'Lawyer's fees' and you stated that you do not want to pay lawyer's fee and asked that what will happen if I do not pay lawyer's fee.
2. You can certainly appear for the 2nd motion yourself and the Court will ask you few qustions about your agreement for the MCD,
3. However, if you appear for the 2nd motion and your husband gets the MCD, he may not agree to pay your lawyer's fees for which your lawyer may creat pressure on you,
4. The Lawyer may take you to Court for not paying him his due fee despite taking his legal service to get MCD.
Account
(Querist) 19 September 2014
Dear Ganguli Sir,
I have a recorded proof of lawyer saying that my husband agreed to pay fees. So liability to pay fees does not arise to me. In that case will you advise me to go for 2nd motion without lawyer and get divorce. I am unemployed in the current position and not in the position to pay lawyer fees.
K.K.Ganguly
(Expert) 19 September 2014
1. You have two issues in the instant matter. One is getting MCD by appearing for the 2nd motion yourself without your lawyer & the other is not paying lawyer's fees,
2. The answer for the first issue is 'you can appear during your 2nd motion yourself without your lawyer to get the MCD decree". In fact thare is hardly any role of the lawyers during the 2nd motion.
V R SHROFF
(Expert) 19 September 2014
WHATEVER AGREED UPON SHOULD BE RESPECTED.
fIRST U AGREE TO PAY FEES, AND ONCE COME TO THE STAGE THAT U CAN VANISH W/O PAYING FEES, IT IS NOT FAIR,
wHATEVER amt lAWYER CHARGED AND AGREED UPON AMICABLY, WILLINGLY , SHOULD BE DONE.
who pay it, is your internal problem, between h & wife, as consented by both.
T. Kalaiselvan, Advocate 
(Expert) 25 September 2014
Your query has been properly addressed and have been properly advised on the next course of action, better understand and resolve the issue.
Account
(Querist) 29 September 2014
Thank you all.
V R SHROFF
(Expert) 29 September 2014
YOU SAID "I am unemployed in the current position and not in the position to pay lawyer fees."
YOU SAID IN EARLIER QUERY"I do not wish to taken divorce but my husband is very keen and i tried all the ways to convinence him. SO just thinking ki some miracle will happen he dont divorce me"
sO i ADVISE: dO NOT APPEAR IN 2ND MOTION.
MEANWHILE FILE DV/ 125 MTN ETC
WHY Y HURRY FOR DIVORCE?? OR JUMP ON LAWYER'S FEE???
DON'T TRY TO FOOL EXPERTS, MADAM........
NOW THAT A MIRACLE HAPPENED, {in form of lawyer's fee dispute} you REFUSE TO MCD..
GOD BLESS YOU AND YOUR BELOVED HUSBAND..........
