Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Client not paying fees

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved 
Dear Friends,

I have filed around 11 cases for my client and took just one fourth of the amount and the remaining amount of Rs 61 Thousand is remaining and now the case of the client had been solved. My client is not paying my remaining fees, what should I do and also very peculiar fact that before the adjudication of the case, they were always honest and now after the adjudication whenever I call them, they refuse to pick my phone and dont respond back? WHAT SHOULD I DO?
Parveen Kr. Aggarwal (Expert) 14 January 2011
Serve legal notice making demand of the unpaid fees amount and upon his failure to comply with the notice, file a suit for recovery against him.
R.Ramachandran (Expert) 14 January 2011
It is not an healthy practice to issue legal notice to or sue one's own client for recovery of fees.
Other experts, apart from suggesting a way out for Anonymous, may please comment whether my above view is acceptable?
Devajyoti Barman (Expert) 14 January 2011
If the client defaults in making payment his fees then I do not fnd any wrong in serin the legal notice. After all he has got legally enforceable grievance against his client.
Y V Vishweshwar Rao (Expert) 15 January 2011
I agree with Mr Ramchandran & other Lrd friends!

However there is no legal bar to issue notice and to file the suit - for recovery of Advocate Fee!

There must a be legal system within the same legal proceedings of client for recovery of advocate Fee - instead of Advocate filing a suit for recovery of his fee !

We have to See what precautions will be taken for safety & Security and benefits of Advocates - for advocates benefits like the above problems in Proposed -The Legal Professionals Act 2010 - However the said proposed Act appears to be otherwise,it is for regulation of the legal profession!

We all the advocates have to suggest some legal provisions for benefits of advocates- for incorporated in the proposed Act!

adv. rajeev ( rajoo ) (Expert) 15 January 2011
Clients are very clever,before argument we have to receive our complete fees, otherwise you will loose your fees. Same thing is happened with me.
There is no wrong to issue notice to the client.
Kirti Kar Tripathi (Expert) 15 January 2011
I agree with experts. A counsel also has a right over the fee for services provided by him to his client. In case, the client does not pay his fee, nothing is wrong to issue legal notice and sue him for recovery.
n.k.sarin (Expert) 15 January 2011
In my view you must send a legal notice to your said client demanding your fees with interest.If he do not comply with the notice,must file suit for the recovery of the said fees with interest and expenses you incurred on the proceeding.
Parveen Kr. Aggarwal (Expert) 15 January 2011
Mr. R. Ramachandran,

If a client plays smart and despite getting his work done, does not pay the settled fees to an advocate then, what is wrong in service of legal notice and suing him. The other option is not to take any action and reward the client for his dishonesty.
Uma parameswaran (Expert) 16 January 2011
Apart from legal notice the bar association in your place can also help you.
Advocate. Arunagiri (Expert) 17 January 2011
Issue a legal notice.

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