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Advocate fee -

(Querist) 22 June 2009 This query is : Resolved 
Sir,
I engaged a lawer to fight a 498a case .i paid 50% the total fee(cash).Now case has came to trial stage,my advocate rejected to fight the case and his suggesting to look for another lawer.Pls kindly help me out with sloution and suggest how to recover the fee.
sanjeev murthy desai (Expert) 22 June 2009
Dear Mr. P. C. Gupta,

Please specify that reason of rejecting your case by your Lawyer.

Kiran Kumar (Expert) 22 June 2009
yes pls inform what actually happened?

moreover i must tell u one thing, no one here is going to tell u the recovery skills.

u paid 50%, but he must ve done some job for u as well. and no lawyer refuses in such a manner unless and until the client has done something wrong.
P.C.gupta (Querist) 22 June 2009
Sir,
He is a not senior advocate and moreover he wants 100% fee before starting the witness Examining.For details:-petitioner is not attending the court from last 6 months and court issued warrrant to them.We came to know from out source that petitioner is not intersted to fight the case.
another imp note:petioner(My Wife) filed MC in the year 2007 and court dismissed the case due to her disappearance in the final.

Pls suggest.
P.C.gupta (Querist) 22 June 2009
The reason:He doesn't want to continue without 100% fee and he is not providing any kind status of the case.
sanjeev murthy desai (Expert) 22 June 2009
Dear Mr. P. C. Gupta,

In our profession we are all depend upon client fees, we dont have any other sources to live without client fees. I think you can understand his situation. so please provide him his 100/% fee. After he failed to handled that case then you can make claim against him.

At presently you dont have money to give hime you can request him i think he will be obliged your request. For the reason of Fee you dont change your lawyer. If you appoint a new lawyer he is also depend upon your fees. And earlier Lawyer also has the right to claim his remaining fees against you. Its not an big deal.


Jayashree Hariharan (Expert) 22 June 2009
Hello,

there is nothing called recovery of fees from lawyer, same as service charges by various bodies like bank, etc.

as told by the others, it is wise to continue with the same lawyer, but take time to give the fees. Give it in installments, as he progresses with the case. Come to such terms with him. in any case the new lawyer will also ask fees 100% fees. But before everything, first gauge the lawyer, whether he is competent enough. Don't let money go down the drain.
P.C.gupta (Querist) 23 June 2009
Dear EAxperts,i honestly tell u that the case is a false 498(A) case filed against me and on my whole family(5 members).If he fails to deal with case what is my another option and iam worried about my parents who are oldaged and unhealthy.Pls kindly help out.
Swami Sadashiva Brahmendra Sar (Expert) 23 June 2009
alegations against you may be false but it does not meean that the advocate need not to spare his time, skill and labour. The Law restricts an Advocate from fighting a case without taking a fee.
A. A. JOSE (Expert) 25 June 2009
Dear Mr.Gupta,

It is really unfortunate that your Lawyer has expressed his unwillingness to handle your case unless total fee is paid to him in advance. While one can understand that no Advocate would work without payment of his fees, what is intriguing in your case is the fact that inspite of payment of half of the fees, your lawyer has neither informed you about the status of the case nor shown any interest in defending you. I do not think that you should continue with such a Lawyer who is only money minded without having much concern for his client's case. It is a normal practice for most of the Lawyers to accept their fees on suitable instalments as the case progresses. Further, the Advocate is dutybound to keep his client informed about the status of the case from time to time. In your case, when your Lawyer is not co-operating with you, and not showing any interest in further handing your case, I am personally of the view that you may better change him and entrust the case to another Lawyer after fully settling with him his/her terms of payment and other aspects. In fact, you may even think of initiating actions against your Lawyer by moving the Bar council for breach of professional ethics and/ or the local consumer forum for deficiency of service.



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