Re: Clients money held by lawyers
Querist :
Anonymous
(Querist) 09 July 2010
This query is : Resolved
I had appointed a lawyer for purposes of obtaining a probate. The court fee stamp amount of Rs 75000/- was paid in advance at the lawyer's request in February 2009. The lawyer filed the petition after seven months on 18 September 2009.
The delay was because of various excuzes the lawyer gave from time to time. My query is that the lawyer was in custody of the court fee stamp amount of Rs 75000 for seven months. I would like to know if I am entitled to interest on that amount which the lawyer held on to from the time it was paid to her until the time she filed the petition.
Many jurisdictions in other countries impose an obligation on lawyers to ensure that client funds held for long periods are placed in interest bearing accounts in banks and the client is entitled to all the interest earned thereon. Failure to do this is misconduct on the part of the advocate.
For your information, I had suggested while appointing the lawyer that I would pay a portion of the legal fees to start mobilizing the work. However, the lawyer insisted that in addition t
I had appointed a lawyer for purposes of obtaining a probate. The court fee stamp amount of Rs 75000/- was paid in advance at the lawyer's request in February 2009. The lawyer filed the petition for seven months later on 18 September 2009.
The delay was because of various excuzes the lawyer gave from time to time. My query is that the lawyer was in custody of the court fee stamp amount of Rs 75000 for seven months. I would like to know if I am entitled to interest on that amount which she held on to from the time it was paid to her until the time she filed the petition.
Many jurisdictions in other countries impose an obligation on lawyers to ensure that client funds held for long periods are placed in interest bearing accounts in banks and the client is entitled to all the interest earned thereon. Failure to do this is misconduct on the part of the advocate.
For your information, I had suggested while appointing the lawyer that I would pay a portion of the legal fees to start mobilizing the work. However, the lawyer insisted that in addition to the advance of legal fees, I must also pay the court fee stamp amount up front. Thereafter, the lawyer held on to this amount for seven months.
I would also appreciate if you could inform me if there is a scale of fees, which the lawyers have to adhere to when filing petitions for LA/Probate and obtaining the orders.
o the advance of legal fees, I must also pay the court fee stamp amount up front. Thereafter, the lawyer held on to this amount for seven months.
I would also appreciate if you could inform me if there is a scale of fees, which the lawyers have to adhere to when filing petitions for LA/Probate and obtaining the orders.
Guest
(Expert) 09 July 2010
From your query it is clear that your lawyer has misused your amount for personal benefit. Legally you may be entitled to get "compensation" if you move the Consumer Court. But your relations with the lawyer may be strained in the event of filing a complaint against him/her. Do anything cautiously.
Querist :
Anonymous
(Querist) 10 July 2010
Dear Mr Rao,
Thank you for your advice and suggestion of approaching the consumer court.
Please let me have the contact of the consumer court. I would also like to know if it would be better to complain to the Bar council as there have been other misdemeanors also by the lawyer.
I would also be grateful if you could kindly let me which Act, rules and regulations govern the professional etiquette practice ofadvocates in India.
My email address is nanakghatalia @ hotmail.com
