cheating by a lawyer

Querist :
Anonymous
(Querist) 29 July 2010
This query is : Resolved
Dear Sirs,
Five from the family had collectively appointed a lawyer to plead on our behalf till the last pleading for Rs.35,000=00.
The contract was in black and white with all five signing on the lawyers letterhead, the copy of which is with us.
Midway due to difference of opinion we split 3:2. When the two of us appointed another lawyer after being granted permission by the judge, this lawyer asked for Rs.40,000 from the two of us, as settlement against fees i.e., Rs.20,000=00 each, instead of Rs.7000=00 each as per the earlier ratio in the contract when all five were together.
On record the lawyer has already been paid Rs.10,000=00 as token initially, where our contribution in the token amount was Rs.4000=00 i.e., Rs.2000=00 each.
The lawyer refused to grant the NOC if we did not coughed up the demanded amount. We had no choice but to pay up and take the NOC in return.
We are very disapointed by the lawyers rude behavior and extracting extra money under coercion. Taking full advantage of the situation.
Please guide us for necessary legal action which the two of us intend to take against the lawyer, with copy to the bar council.
Regards/Khurshied
Devajyoti Barman
(Expert) 29 July 2010
The lawyers have got lien on the brief till their fees are cleared but that does not mean that extra or exorbitant amount will be charged at the time of asking for NOC. If it has happened with you then you could lodge a complaint before the Bar Council of the concerned state for taking appropriate step . Any step taken by the Bar Council can be challenges in High Court as well.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 August 2010
No court stops appearance any other advocate even if no NOC is given. The client is master. So this is only theoritical querry.