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How long an advocate should keep on appearing without fees ?

Guest (Querist) 14 June 2012 This query is : Resolved 
Dear Experts,
In Mid 2007, I took up a matter in a Delhi consumer court for some fixed fees for the matter, without any per date fees.

Now, the case is going on still after 5 years and I have already attended 20 dates for the client.. and never missed a hearing, except once in 2007... but court had one or the other reason just adjourned the oral argument for the last 10 dates (over 2.5 years).

Client just reminds me that I have agreed to complete the matter in the fees agreed and he evens doubt that I may be delaying the matter... though I have been always present during the oral arguments but it never happened.

So what I am supposed to do... keep on appearing in the court forever... and if I stop appearing in the court, will it would be unethical or what actions a client an take against me ???

Sorry, for a strange query, as I am basically a consultant and rarely appear in any court.

Thanks !
adv. rajeev ( rajoo ) (Expert) 15 June 2012
If your client is doubting on tell him to check the court records or straightaway retire from the court.
Nadeem Qureshi (Expert) 15 June 2012
Dear Querist
it's depend on the terms and condition of Vakalatnama. gernally in the vakalatnama the fee is fix for three years in Delhi.
Feel free to call
Anirudh (Expert) 15 June 2012
Having agreed to a fixed fee, you have no other go than to stick to the same, irrespective of how many hearings the matter demands.

It is an experience for you - so that you will be in a position to quote your fee - first for drafting and admission stage separately and for each of the appearances separately.

Treat it as one-off bad bargain. In any case, you cannot stop appearing.
Guest (Querist) 15 June 2012
Thanks a lot for the replies...

Mr Quereshi... you are very right, Vakalatnama reads "if a case prolongs for more than 3 years, the original fee shall be paid again by me" :)
Guest (Querist) 15 June 2012
It's resolved !
N.K.Assumi (Expert) 15 June 2012
It depends on mutual understanding between the parties.
R.K Nanda (Expert) 15 June 2012
Agree with Nadeem Qureshi.
R.K Nanda (Expert) 15 June 2012
Agree with Nadeem Qureshi.
Shonee Kapoor (Expert) 18 June 2012
Agreed with Ld. Qureshi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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