MCOP Fee - Lein

This query is : Resolved 
 

(Querist)
09 April 2009

What is the amount of fee the advocate appearing for the petitioner is legally entitled to in an MCOP fild in the year 2000 ( Motor Accident Cases)- Death case - if the award amount of Rs. 4,00,000 is passed in the year 2009 (amount also deposited) - Claimants are widow of the deceased, and 2 minor sons ( who are major at the time of passing the award i.e at 2009 )


Ashey (Querist)
09 April 2009

Whether the petitioner's advocate has any right to withhold the cheque issued for the award amount in favour of the claimant by the court towards collecting his fee ?



Ashey (Querist)
09 April 2009

whats the remedy available to the petitioner when advocate claims excessive fee (nearly 30% of the award amount) and retains the cheque issued by the court in favour of the petitioner (award amount) for payment of fee and validity period of that cheque expires (cheque validity period is only one month)?

Hiralal Das (Expert)
09 April 2009

The petitioner's advocate has no right to withhold the cheque issued for the award amount in favour of the claimant by the court towards collecting his fee.
What is the limitation/bar of excessive fee/advocate's claim and how it will be determined? In every matter, we see, advocate's fee determined mutually by client and advocate. I think, there is no rate chart of advocate's fee. Expired of cheque validity period is separate thing, in this ground advate may request the client to reissue the cheque of the same amount, etc.

sanjay singh thakur (Expert)
09 April 2009

Dear Ashey
So far private client's cases are concerned fees of Advocate depends on agreed amount between the client and his Adocate. Advocate's fees are fixed only when matters pertains to any Institution where fees of Panel Advocate is fixed.
Regards.

M. PIRAVI PERUMAL (Expert)
09 April 2009

I agree with the views.

Ashey (Querist)
10 April 2009

what is the procedure to get the cheque from the advocate?

Ashey (Querist)
10 April 2009

when there is no agreement between the client and the advocate or fails to reach an agreement , what is the procedure to be adopted for fixing the fee ?

Ashey (Querist)
10 April 2009

Mr. Harilal Das .. expired cheque is the cheque issued by the court ( award amount ) in favour of the petitioner.


Ashey (Querist)
10 April 2009

what actions can be taken against the petitioner's advocate to receive back the cheque?

Srinivas.B.S.S.T (Expert)
10 April 2009

represent the entire issue to the concerned court. Seek permission of the court to re validate the cheque date

Ashey (Querist)
10 April 2009

Mr. Srinivas .. we don't have the cheque with us to revalidate it ...its with the possession of the petitioner's counsel

A V Vishal (Expert)
13 April 2009

http://www.hinduonnet.com/thehindu/2000/08/28/stories/0228000n.htm

A V Vishal (Expert)
30 April 2009

No other views?




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