Advocate fee - no case filed
Sri Harish
(Querist) 17 May 2017
This query is : Resolved
I want to apply for divorce, so approached an advocate named XXXX. After telling my concern about my case, he and me agreed to Rs.40000/- as fees for entire case on 18-04-2017. On the day same (18-04-2017) i gave wedding card and a cheque for Rs.20000/- as he asked as initial payment (even when i refused to give the amount, he forced) and i told that whenver you are depositing the cheque kindly inform me. On 24-04-2017 he called me and asked whether to deposit or not, i told not to deposit. Again on 29-04-2017 he deposited without my intimation and messaged me that "deposited cheque". For the same i gave reply "kindly take back the cheque as i have transfer the amount to that account. He did not taken back cheque, due to that i have been charged Rs.575/- cheque bounce charges to my account. As such, he did not start any case work and draft of my petition also, but asking the full case fees in two installments. As this was not making me to give him case, so i finally told him some other than reason as i am withdrawing the concern for about file. After hearing this he acted with his colleague (lady advocate) and called her to the place where i was talking with him, she came and she was telling that all the paper work was over and filed the case, something like that. But they did not file or prepare any ground work also. But the Advocate is askingRs.10000/- as he gave the fee to lady advocate for filing, as such in the end of the situation only i saw her, even at that time also she is just lying for money. The advocate is having my Wedding card,Baby Birth certificate,my passport size photo, cheque (bounced).
Under what section/act fees is asked without filing anything of client.
I request you to kindly guide me in proper way.
Dr J C Vashista
(Expert) 18 May 2017
Charging of professional fees is a contractual obligation against the legal services provided by an advocate to his client, which can not be quantified by any other advocate.
The advocate and client mutually agree to receive/pay specified amount as fees of the advocate in consideration to the services provided/to be provided by advocate to his client.
Guest
(Expert) 18 May 2017
Agree with Dr.J.C.Vashista
Kumar Doab
(Expert) 18 May 2017
You can read between the lines in reply of Dr.J.C.Vashista.
Kumar Doab
(Expert) 18 May 2017
NO service provided to you.
Take back your docs and cheque.
In future don’t issue cheque if you don’t have balance in bank a/c.
You need to engage a very senior counsel specializing in Family matters at your location, of unshakable repute and integrity.
Kumar Doab
(Expert) 18 May 2017
The lawyer that can not prepare the case on its own and calls a Female Lawyer just to exercise some fear psychosis is NO GOOD for you and anyone.
Get rid of him, forever.
Dr J C Vashista
(Expert) 18 May 2017
Thank you Mr. Rajendra K Goyal, Mr. Kumar Doab and Mr. NJS Rajkumar for agreeing with me.
Kumar Doab
(Expert) 18 May 2017
You are welcome Dr J C Vashistaji.
Guest
(Expert) 19 May 2017
Welcome Sir
Guest
(Expert) 19 May 2017
Agree with Expert
krishna mohan
(Expert) 19 May 2017
If amicably not settled, you can inform the advocate all originals in writing through speed post detailing the incident. If not you can complain to Bar Council where he is registered as it appears it is against Professional ethics.
Guest
(Expert) 19 May 2017
Sort it out amicably
Kumar Doab
(Expert) 19 May 2017
Always spend quality time in finding a very able local counsel of unshakable repute and integrity specializing in concerned field of law.
Take help of elders of the family, well wishers, unions, Family lawyer, DBA officials inquiry personally.............
There is NO dearth of posers,imposers...............loitering at online portals like LCI also to allure unsuspecting querists.........
You may try one last time for amicable settlement.
Guest
(Expert) 20 May 2017
Agree with Expert
