Costs---Clients pay, but Advocates gain , Is it right ??
Radhey
(Querist) 03 October 2010
This query is : Resolved
On last dt. my advocate could not attend the court,so the court penalized me for Rs.400/-,I paid this cost of Rs.400/-in cash on the next date,which was received by the opponent Advocate in front of the Court,without issuing me any receipt.
Someone told me that costs are always born by the Clients and gained by the Advocates,is it right ?
If yes,is not it unfair ??
Should not a receipt have been issued by the opponent party to me ?
Plz. guide.
adv. rajeev ( rajoo )
(Expert) 03 October 2010
You could have asked for the receipt. Regarding the payment of the cost, it will be mentioned in the order sheet. Normally we pay the cost to the parties of the case.
Kiran Kumar
(Expert) 03 October 2010
dear friend its not a larger issue to worry about.
costs are imposed by court's orders and no receipt is issued after the payment as the payment is recorded in the zimini orders only.
rest of the issue is a matter of professional adjustment. If the opposite party is not having any trouble if his lawyer accepted the money then why are you worried!
concentrate upon your case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 October 2010
Such issues crop up because you are not ready to take further steps. Be ready in advance so such things do not happen again.
It just happens that even if your advocate is not there and you are ready with further steps in the matter such situations will not arise.
s.subramanian
(Expert) 03 October 2010
The costs are imposed only as a measure of punishing a litigant for causing unnecessary delay in the conduct of the case. It is done to prevent procrastination of judicial proceedings. When you paid in open court,the judge makes an order recording such payment in the docket sheet of the case bundle. That serves as a receipt for you. You can apply for a certified copy of the same and keep it with you,if you desire. Once you pay it,your business ends there. You have no locus standi to question as to what happens between the lawyer on the opposite side and his client.
Radhey
(Querist) 03 October 2010
Mr.Shashi,what do you mean by taking further steps by me?
If key advocate of a law firm is absent due to some genuine reason and the case is on very crucial point,which should be handled by the main counsel only,in that case ,what else I as a client,can do except explaining the real situation to the court and getting adjournment and bearing the cost?
Radhey
(Querist) 03 October 2010
Ok,Mr S.Subra,U have explained rightly but please can u tell me that if my opponent pays a cost similarly as I have paid, who really should get that money?
I hope,it is me,who is to get that money because mine advocate is just my agent,a legal agent,so apart from the settled fee all the benefits or harms would be borne by me only.
Am I right ???
Radhey
(Querist) 03 October 2010
Mr Kiran,I admire u ,Ur replies are good,esp. in rental cases,but here I wanted to get a clarity,theoretical clarity.It is another matter that we make what type of financial adjustments with our Lrnd. Counsels.
My query be understood in that light only.
G. ARAVINTHAN
(Expert) 03 October 2010
In many cases, now judges impose cost to Legal Aid Committee
Conciliation centre
for orphanages also
Radhey
(Querist) 04 October 2010
Lrnd.Experts thanks that U answered but please can u tell me that if my opponent pays a cost similarly as I have paid, who really should get that money,Me or mine Advocate ??
Please reply,I am yet not clear.
Daksh
(Expert) 04 October 2010
Mr.Radhey,
The answer to your querry is two fold. Firstly at the first available opportunity go and study the terms of the vakalatnama you have signed with your lawyer in which it must have specifically mentioned about the payment of costs. If you have agreed for something you are bound with it.
Secondly if in case the reason is genuine you should not have accepted it and explained the reasonableness of absence of your counsel on account of circumstances beyond his/her control. Even if in case the cost stands paid there is no estopple to bring the fact of this genuiness before the court by moving relevant application/pleading.
Last but not least as a prevailing norm there was no reason or rhyme for the other side's Advocate to appreciate your counsel's genuine difficulty. More than anything it is the descretion of the presiding officer to impose cost in the appropriate circumstances.
Best Regards
Daksh
Radhey
(Querist) 04 October 2010
Mr. Daksh,thnx that u replied,as far as i know Vkalatnamas are on preset format ,nothing can be changed in it,I found nothing about this issue in Vkalatnama,Can u please make it further clear to me,I am yet not clear...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 October 2010
Basically it is lack of trust. If you want an advocate to work with full efforts you should overlook such minor things.
Otherwise instead of complaining change the person. If you continue with mistrust no body can get you justice.
Radhey
(Querist) 05 October 2010
Shashi Ji,I do have full faith on my counsel but I believe in knowing the things,even which may seem less important,and Shashi Ji ,I am not complaining about my counsel at all.
I just wanna know about this issue,which is yet not clearly answered by learned members,who are otherwise very much helpful- all the times,I respect U all and thank U all because,this is the only place from where we get expert advice, genuine,impartial,without paying a single penny.
