client is not given lawyer's fee
Sarvesh Kumar Sharma Advocate
(Querist) 10 October 2010
This query is : Resolved
Respected All,
There is a problem with my friend, who is an advocate& His father was also. Father was providing services for taxation matters to many companies. Unfortunately his father expired in an accident. After some time my friend come to know about some pending fees and expenses amount on some company and try to convence the companies. Some companies paid the balance amount but some other companies are not paying the pending amounts.
Now your kind suggestion are appreciated on this issue and proceder to recover the pending amount.
Parthasarathi Loganathan
(Expert) 10 October 2010
Can you please check the title of your query? Should it not read "Lawyer is not given Client's fee". OK. The company can be issued a notice directing them to pay the pending lawyer's fee giving a stipulated deadline. Failing which, recovery can be initiated through filing a case in the court.
Raj Kumar Makkad
(Expert) 10 October 2010
Ask your friend to first trace out any written agreement pertaining to service and fee to be paid against that service and futher that any bill claimed so that a link may be established before taking any recorvery action as suggested by partha Sir.
naman k jain
(Expert) 10 October 2010
Parthasarathi ,
why u read wrong always?
it is bad for always!
naman k jain
(Expert) 10 October 2010
Parthasarathi '
why u want to show yr self superior?
naman k jain
(Expert) 10 October 2010
Parthasarathi ,without reading sincerly
only for taking points u solved the query.
Guest
(Expert) 10 October 2010
YOU MAY KINDLY SEND A LEGAL NOTICE TO THE SAID RESPONDENTS MENTIONING ALL DETAILS AND DEMAND THE SETTLEMENT OF ACCOUNT WITHIN CERTAIN PERIOD.
YOUR DUES WILL GET SETTLED .BUT IN CASE OF ANY DIFFICULTY ,AFTER SAID NOTICE PERIOD IS OVER YOU MAY FILE A CIVIL SUIT IN THE CIVIL COURTS FOR RECOVERY OF SAID AMOUNT.GOOD LUCK.
Mani Narayanaswamy
(Expert) 10 October 2010
I agree wiht Mr.nandakumar B Sawant. If your father's clients are limited companies, then go for winding up. It is a better option
M/s. Y-not legal services
(Expert) 10 October 2010
Yes i agree with mr.nandha kumar. You may issue legal notice to the companies as calling upon to discharge the dues..
M/s. Y-not legal services
(Expert) 10 October 2010
One more thing, mr.naman, if you want to correct any one's mistake mean surely you can.. Nothing wrong.. But you should be give some respect to mr.partha.. What wrong done by him.. Just he misunderstood the query.. Thats it.. By that any loss to you? Every one know that mr.partha's worth and contribution for this site.. IF YOU POINT ANYBODY BY YOUR FINGER MEAN YOUR 3 FINGERS POINTING YOU. mind it.
Khaleel Ahmed
(Expert) 10 October 2010
Civil suit can be filed by the kin of the deceased advocate .
Parthasarathi Loganathan
(Expert) 10 October 2010
I sincerely thank Mr.Jain for his spurt of comments and rightly correcting me and I respect his view points. At last we were able to arrive at a viable legal solution to help our learned friend. Hope my reply to the author's query is well concurred by Ahmed Saheb. Of course, Mr.Jain is always aware of the fact no participant in this forum feels superior or inferior to anybody. Queries are understood in the right spirit after giving an indepth analysis and to contribute sincerely to resolve them. If you do that points will always chase you as we do n't need to worry on this aspect. I sincerely salute the spirit of Naman and Tom for their active participation to add values to LCI
M/s. Y-not legal services
(Expert) 10 October 2010
Yes. Dear author. Somebody having six fingers. But mostly the sixth finger wil be hanging only. Anyway see mr.naman.. How much mr.partha is great.. He agreeing his mistake. And giving salute to you. That is mr.partha. Thank you mr.partha. Its all in the game.. Please continue your participation with lci.
Parthasarathi Loganathan
(Expert) 10 October 2010
Criticism is part and parcel of any profession. One always tend to put your best stroke only when he accepts it with open heart with receptive mindset. I have seen it all since my school days to reach this stage to be admired as the most Respected Cricket Umpire (even by Tom Moody - when I officiated a cricket match between India A and Australia A), Brilliant Software Professional, Innovative legal counsel, Top Cyber Law professional and environmentalist, vibrant web journalist, and above all a nice and simple human being. But in no why I will shy myself to put forth my thoughts searching scope for improvement. This can be checked in all my postings in this forum over the last nine months since my joining LCI. I appreciate the support of our young TOM for his sincere thoughts on the comments of the author.
s.subramanian
(Expert) 11 October 2010
I agree with Mr.Nandkumar.
Sarvesh Kumar Sharma Advocate
(Querist) 11 October 2010
as seniorty naman is more senior and he is an advocate.
some time a 25 yrs person can become IAS officer and get respect while 60 yrs old man can't reach a post of peon .
so i don't understand that if a person who participating on this plateform and resolving query which is posted by a LAWYER through a LAWYER in the benifit of a LAWYER then why criticize?
or with out ful study just make yr mind to criticise some one's post.
Sarvesh Kumar Sharma Advocate
(Querist) 11 October 2010
use of so many coloum wht shown?
AGAR YAH PRACHLAN AAJ KAL CHLA GYA HAIN TO MAIN BHI SHURU KAR DOOGA!
Advocate. Arunagiri
(Expert) 11 October 2010
Mrs.Sarvesh sharma while using Hindi pls give a translation also. for the benefit of the others who do not know hindi.
Akhilesh Kumar
(Expert) 15 October 2010
Dear all... let me share my little knowledge in this matter.
As we know it is a matter of the contract act becouse legal service is a service which is rendered for some consideration.
In this case issue is:
1. Whether legal heir or successor is able to get the payment from the company for legal services render by his deceased father (who is an advocate and appointed by the company to provide legal services)?
as we know very well for taking legal services one has to execute Vakalatnama or
has to authorise by resolution or has to give power of attorney. It signifies an agreement between an advocate and the party.
Now come to the discharge of the obligation of the parties..if an advocate has discharged his duty then other party has to pay.
It is necessary to say that after death of the skillful party contract terminates automaticaly.
if agreement between parties provides that legal heirs can be able to proceed with the agreement then they can.
so in my opinion firstly find out the documents which shows that appointment and services rendered and secondly go through that documents if there is mentioned any provision for the legal heirs...and send a legal notice accordingly immediatly without delay...
