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Naresh (In search of job)     05 August 2010

Why lawyers fees not regulated?

Dear LCI members,

Every service related profession except lawyer's profession is regulated. What I mean is why don't there be a fee's receipt for every penny Lawyer's charge? Why are we (litigants) not demanding that there be a regulatory body to control lawyer's fees? In doctor profession, they issue receipt for every thing they charge, so there is a control over the fees. In similar vein, why don't we fight to bring this order to the lawyer's profession. 

What I see in lawyer's profession is most of the time, lawyer's in matrimonial issues always try to force the litigants to go for settlement, because this involves free money in settlement matters as commissions. Where as the trial procedure involves them to do work, which they don't want to do. As long as litigants don't settle, they will irritate them by delaying the court procedure. In my case, it got delayed for the last 4 years without coming to the trial process. When I tell my lawyer that the opposite party is demanding too much money for settlement and so let us start the trial process, he wouldn't heed to this suggestion.

He says, he would charge Rs. 75000 for a simple settlement also, and if it were to be trial process as it involves lot of work, he would charge more even in my simple divorce case (don't have 498a or DV)!!!.

Like me, many others are loosing their energy to fight their lawyers than the opponents!!! Also, if you don't like a lawyer u have to take NOC for which they demand money again :-( what is the remedy for this?

 

I request the member's opinion on this trivial but important matter :-)

-Naresh 



Learning

 10 Replies

Bhartiya No. 1 (Nationalist)     05 August 2010

Only black sheeps in this profession is maligning the reputation.

Lot of measures are being taken like they will have to go thro' exams get the license. Also PM has talked about the comeplete overhaul of Law education system.

So, once good students will get into this profession, things will improve.


(Guest)

professional fee cannot be regulated by anyone. u need to pay for it. best is to settle it by mutual agreement outside court.

Renuka Gupta ( Gender Researcher )     05 August 2010

Or perhaps be ready to take up our own cases! This will be intellectually stimulating....wouldn't it be?

Arup (UNEMPLOYED)     05 August 2010

ms kaur perfect.

it is not a subject to regulate.

only you can burgain.

Arup (UNEMPLOYED)     05 August 2010

you have the right to change the lawyer at any time.

considering this point it is better not to go on one time payment, either pay him part by part or daily basis.

do not believe or depend much on your lawyer.

get his versions checked by other lawyers or at lci.

N.K.Assumi (Advocate)     05 August 2010

You may refer to the THE LEGAL PRACTITIONERS (FEES) ACT, 1926.ACT No. 21 OF 1926.[25th March, 1926.]

1 Like

(Guest)

Totally agree with Mr. Arup

1 Like

(Guest)

@ Naresh,

Good que. which Advocates of the forum may give if they like. I am replying to your other matters;


1. On your intelligent que. on professional fees "regulation" ?
My take:
A professional's fees can't be regulated because there is a thin line between a layman and a professional if simply put argumentative way. A professional is called professional for nothing and a layman can't become a professional otherwise he would not be called a layman in technical way putting it. Hence the best way out before approaching a professional is to see once ability to 'spend" and bind a professional to a “contract” on "mutual discussion" of terms and conditions of "a spend" on seeking a professional's advise that is called self regulation especially dealing with professionals.


2. On your worries of "spending energy" ?
My take: In litigation a litigant must approach a Court for relief with a mind set that first he has to face mirror of a Advocate (resistance to young logics and new ideas to defend the interest thereof) and then a mirror held by the Judge (refer to my files section on Law interpreted by a Judge). If mirror mirror everywhere on the court complex walls then better to demolish that mirror by multiple platform gained self acquired knowledge and carry forward with some tweaking here and there is the best way out. A layman works on intuitions and that is the best defence to demolish the myth of two mirrors he is always going to face during litigation and it is just a mental block as per me. Come out of it and see a change around you.

3. On yoru que. of issue of "NOC" and demand for money !
My take:
May be you misinterpreting a lawyers demand for money on simple question of NOC here? No lawyer can ask money for giving NOC, infact a litigant can kick a lawyer anytime out form his case provided the litigant has settled all pending fees dues clearly and that is the demand a lawyer can utmost ask from you (generic). The other way or clear way here is to submit an application to Court stating that you have relieved a particular Advocate from your case and needs time to arrange a fresh pleader and Court mentions such pleadings on daily Order sheet and will grant you (generic) time to arrange a new pleader, so what is the big ‘if’ and ‘buts’ here? Other than misinterpreting "demand" for money. Last way if you are so sure that for NOC a lawyer is demanding money then write to BCI / State Bar Council your grievances will be royally settled, however the mute gyan here is how many (generic) have courage to do just that afterall a Advocate is not your (generic) God !

Rgds.

Anil Agrawal (Retired)     05 August 2010

PM has also been talking of price reduction and eradication of corruption. Our blood boils when we see 50000 crore Commonwealth Games scandal. But I marvel at the equanimity with which the PM keeps staring the speakers without flinching.


(Guest)

the dispute of advocate fees arising only in cities not in other parts of the country.  


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