Evidence regarding the fees agreed with his advocate
Dr. Shekhar
(Querist) 05 September 2015
This query is : Resolved
Sirs,
How can client have written evidence regarding fees agreed with lawyer so that there is no conflict later on.?
This is because in India there is no written contract. There is space for fees in VAKALATNAMA at end but I am told not to mention there of fees.
Then what is the solution and how can client have written evidence of the fees agreed with lawyer??
malipeddi jaggarao
(Expert) 05 September 2015
The relationship of a client and advocate is based on trust. If you trust the advocate then only you handover your case to him. In rare cases dispute about the fee would arise. You go by the practice.
Dr. Shekhar
(Querist) 05 September 2015
I understand about trust and you are right. But there is human error aspect also possible. And the with time one may also forget or misunderstand. And lets not forget that there are many disputes or outstandings from both sides.
The question what is the best way to minimise the loss of trust chances and to have things in writing. Cant we mention as annexure to vakaltanama the agreed fees for services? or any other best way that any expert can suggest?
Rajendra K Goyal
(Expert) 05 September 2015
Pay the fees through cheque, mention the total fee payable, paid already, this installment, balance to be paid on forwarding letter while paying each installment.
R.K Nanda
(Expert) 05 September 2015
take help of lawyer for ur so many queries on LCI.
P. Venu
(Expert) 05 September 2015
Yes, there exists much gray area in the legal profession, fees included. Improvement is possible only through good practices; we have more than sufficient theoretical propositions in place.
Dr. Shekhar
(Querist) 05 September 2015
Dear Shri Goyal ji, Thanks so much. I really liked and appreciate your valuable suggestion of paying through cheque which could greatly help to maintain the relationship of trust. Instead of forwarding letter can we also use the email as records as evidence for future if needed? Since letters can be misplaced.
V R SHROFF
(Expert) 05 September 2015
I support views of Shri malipeddi jaggarao.
IF ONE CAN'T TRUST HIS ADVOCATE, MUST CHANGE IMMEDIATELY.
NOT SO DIFFICULT LIKE H-WIFE
Dr. Shekhar
(Querist) 05 September 2015
But sir instead of such drastic decision to change cant we have some some other decisions like Mr Goyal has suggested. I appreciate that Mr Venu also agrees that its a gray areas. Changing could be easy but finding a solution where the relations could be maintained would be the best i believe.
I have vakalatnama format which end mentions about fees. My question why can't the client mention there itself in Vakaltanama the total fees agreed with advocate while giving the vakaltanama and then later go on giving cheque as suggested by Shri Goyal ji'?
Guest
(Expert) 05 September 2015
Precisely Advised by Senior Experts Mr.V.R.Shroff and Mr.Malipeddi Jaggarao.Nothing to add more and Query is Resolved
Dr J C Vashista
(Expert) 06 September 2015
Maintain your account and cross-check with the lawyer but do not blame the lawyer. Always remember s/he is a professional taking care of your case for the fees (consideration), where your claim/relief is at stake, donot take a chance to annoy him/her for some money.
Raj Kumar Makkad
(Expert) 06 September 2015
I endorse the wise advice of ld. Vashishtha Sir.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 September 2015
