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Lawyer demanding more fees than agreed

(Querist) 04 January 2017 This query is : Resolved 
Dear Experts,

My cousin was fighting a case of child custody and he appointed a lawyer for the same. He was given 100% fees as an advance.

Now the case is almost over. Both the parties signed an agreement alongwith the both the parties' lawyers' sign.


After a week he has to go for the final order only based on their agreed terms.

Now, Lawyer is demanding more amount. He said that he has already paid 100% advance. Still he is demanding more. [25% fees were paid in cash and there is no proof for the same.]

What could be the consequences if cousin don't want to pay extra amount.

Can he stop order copy or in getting order copy, is he required ?

Also elaborate any other issues that might come up.
Guest (Expert) 04 January 2017
The case is Completed and you should be happy about it.Negotiate with your Counsel/Advocate and settle him happily and peacefully.
Guest (Expert) 04 January 2017
I don't agree on this suggestion . To ask more fee is illegal and breach of code of conduct of advocates drawn by bar council of india.
it is seen that some lawyers are out if control.abusimg their licence to practice
so many wrong acts are being done
don't pay any thing more
he can't do any thing
go yourself and appear in court
you are educated .judge will help and court staff
the tyoists in court premises will help you type amy particular documents
if he does not attend work later file his complaint to bar council .
people should become active and know their rights
Pradip Bajaj (Expert) 05 January 2017
I agree with the views of Mr. Gupta.
ks (Querist) 05 January 2017
Thanks for your reply Narsimha Sir and Gupta Sir.

Cousin is having all the proof of agreed fees. Lawyer didn't attend any hearing in time. Even drafting of reply / rejoinders was also done by my cousin. [Except initial petition Lawyer didnt do anything.]

Still lawyer is demanding 50% additional fees.

Already cousin is likely to see his daughter after so many months. So at one point of time he had decided to pay what he demands because already tired in legal battle with wife so was in no mood to fight with his lawyer by complaining in Bar council.

Judge is retiring this month. So after passing order he won't be of much help.

With court staff, lawyer has regular connection as he is practising there since 30 Years.

So i suggested him to take opinion in LCI forum. If there is no role of lawyer in getting Order copy, then he will try to get it directly from the staff as suggested by Gupta Sir. Else will have to go by practical approach as suggested by Narsimha Sir.
Guest (Expert) 05 January 2017
Your Advocate is a Senior advocate with an Experience of 30 years where he would have defended 1000s of People.
Guest (Expert) 05 January 2017
Mr.Pradip Bajaj being an Advocate have you Not Experienced the Difficulties of an Advocate.When an Advocate Fix a fees for a Certain Case Many Times the Case would be dragged for several months/years irrespective of period estimated to complete.Like that there would be so many difficulties which the Only concerned Advocate could explain in this case.
Guest (Expert) 05 January 2017
When your Advocate had defended 1000s of People, Defending for him self This would be Nothing for Him
Guest (Expert) 05 January 2017
The Honorable Judge and Court staff would Not involve them selves in Such Matters.
Guest (Expert) 05 January 2017
The Author/Querist Better sort it out amicably with the Concerned Advocate.
Rajendra K Goyal (Expert) 05 January 2017
These days orders of the court are available on web, can download if available.

You can apply to copy section for certified copy of orders, can take help of any lawyer local or from other station.

If you have not paid agreed fee to your lawyer it need to be paid.
Kumar Doab (Expert) 05 January 2017
Remain gentle and amiable and conclude the matter by logic.

Obtain certified copy of the order.




R.K Nanda (Expert) 05 January 2017
settle matter amicably with the lawyer.
Guest (Expert) 05 January 2017
Dear Advocates are kindly Requested to Respond Only to the Author/Querist and Advocates Only Here and Not to give any Value to Others comments which should Not be Entertained Here Please.
Kumar Doab (Expert) 05 January 2017
The author has posted that; 'Already cousin is likely to see his daughter after so many months. So at one point of time he had decided to pay what he demands because already tired in legal battle with wife so was in no mood to fight with his lawyer by complaining in Bar council.'




Remain gentle and amiable.

You do not want to enter into any more complaints, dispute and litigation.


Try by your own efforts.

If required involve elders,seniors,common friends and resolve amicably.


It may take some time and some efforts.
ks (Querist) 05 January 2017
Thanks everyone.
Guest (Expert) 05 January 2017
Welcome Please
Guest (Expert) 05 January 2017
Well Advised by Senior Advocates/Experts Mr.Rajendra K GOYAL,Mr.Kumar Doab and Mr.R.K.Nanda
Kumar Doab (Expert) 05 January 2017
You are welcome.
Hemant Agarwal (Expert) 02 February 2017
SEEMS, one of the self-glorified ignorantly ARROGANT expert is a Judge-in-the-making.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 03 February 2017
Arrogant is Better than Ignorant
Pradip Bajaj (Expert) 03 February 2017
Mr. Narasimha, I respect your feelings but at the same time I cannot allow the unfair practices of some of our Advocate fraternity. As I personally come across many Advocates who are using unfair practices charging heavy fees and in the name of expenses. This should not be encouraged.
Rajendra K Goyal (Expert) 03 February 2017
Agree with the expert Pradip Bajaj.
Guest (Expert) 03 February 2017
"Unfair and Heavy Fees "Only the Clients could Decide on that and if the Fees is not affordable by them They could change the Advocate.There is a Saying " You would get Only Monkeys for Peanuts"
Guest (Expert) 03 February 2017
Compare the Treatment at Lilavati Hospital in Bandra and other hospitals near by.The Treatment at Lilavati would be Excellent obviously the charges also.It depends on the Patient to decide where he/she would prefer the Treatment.In our case the Client could decide his/her Advocate and no use of out sider crying about the Fees/charges
Guest (Expert) 03 February 2017
There are Advocates who would charge more than Rs,5 Lac Per Hearing (It could be Confirmed in Google and I Prefer not to name them) and we could find 100s of Other Advocates assembling in the Court to Watch their Arguments/Performance.
Guest (Expert) 03 February 2017
Any client who can not pay any Fee there are Excellent Free Legal Aid forums to Help them out.
Guest (Expert) 03 February 2017
There is No Use of Crying/Worrying about a Advocate Fee and it all depends on the Clients.
Guest (Expert) 03 February 2017
Mr.rajendra K Goyal could you please tell me how much you charged for a recent case If at all and If you are an advocate
Guest (Expert) 03 February 2017
I have raised the query to rkg only for the reason he had blamed the advocates for charging heavy fee.
Guest (Expert) 03 February 2017
In the above Query of this Thread the Concerned Advocate had succeeded the Case and the Querist/Author had confirmed he had Settled him also.Obviously the Query is Resolved.Still Mr.rkg would post some thing out of his Depression for which I am always Ready to Post A Reply Please.
Rajendra K Goyal (Expert) 04 February 2017
Always thinking to target experts, resulted unable to differentiate between

Dr Rajendra K Gupta
(more / Highly qualified fellow)

and

Rajendra K Goyal (Always trying to learn)
Kumar Doab (Expert) 04 February 2017
Mr. N.J.S.Rajkumar,


Thanks for agreeing with me, Mr.Rajendra K Goyal,Mr.R.K.Nanda.
Guest (Expert) 04 February 2017
Thanks to the Child for accepting its Still a Learner only and Not Practizing in any Courts
Rajendra K Goyal (Expert) 05 February 2017
Any vague / unwarranted / irrelevant / posts should be avoided.
Neither it is a good habit nor requirement of the thread..
Experts should try to be sober.
Rajendra K Goyal (Expert) 05 February 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge
Rajendra K Goyal (Expert) 05 February 2017
It would be better if the expert would have posted / contributed for the thread rather to go on posting just to satisfy his ego / irritation / frustration.
Rajendra K Goyal (Expert) 05 February 2017
Forum would not gain anything from comments by experts on other experts / contributors.
Guest (Expert) 06 February 2017
Mr Rajendra K goyal You had Celebrated my Absence yesterday .Now Post your Profile and then Post your Queries for which you would get the Answer Suitably.
Rajendra K Goyal (Expert) 06 February 2017
Experts should abstain commenting on other experts. Difference of opinion can be there, decorum need to be maintained.

Guest (Expert) 06 February 2017
A kid should Not Forget what it had Posted it yesterday.I assure a 5 star if you would Repeat It please
Hemant Agarwal (Expert) 07 February 2017
Looking at Expert Rajendra K Goyal's questions:
I too feel there might be some substance in his questions and relevant non-egostic answers must be disclosed, for everybody to know the truth.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 07 February 2017
People Should Avoid the Sarcastic way of Questioning and if at all they are really Great they could place their questions Directly and No Use of attending the Query of Mr/Mrs/Ms Rajendra k Goyal who had Not Posted His/Her Own Profile and remains Child/Childish/Anonymous,And No evidence of who is She/he or what is she/he or from where he/She.More over Hemant Agarwal is always has the Intention of Insulting me for the Reason I am State Vice President of Dr.B R Ambedkar Advocates Association TamilNad/South India and Hemant Agarwal always treats me with SC/ST Communal Feelings and I just wait for him to Repeat it two or three more time enabling me make my Side strong to (leave it to Assumptions)
Hemant Agarwal (Expert) 08 February 2017
MY LORD CJ:

Looking at Expert Rajendra K Goyal's questions:
I too feel there might be some substance in his questions and relevant non-egostic answers must be disclosed, for everybody to know the truth.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 11 February 2017
Kind Attn Mr.Hemant Agarwal " Insulting the Honorable Justice is an Criminal Offence " Not to be allowed here and if at all you are a Genuine Post your Address with out Modifying your Last/Recent Post
Guest (Expert) 12 February 2017
Kind Attn Mr.Hemant Agarwal.First you Should Learn How to address the Honorable Justice.Have you been to Honorable Courts any time.Your Insulting,Damaging,Defamative Addressing Honorable Judges are Very much Contempt of Courts and It would Certainly would Invite you to Attend the Court for Contempt Case.Please Post your Address Please


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