Lawyers fees for accident cases
N V S BHAT
(Querist) 14 February 2014
This query is : Resolved
One of my friend had met with an vehicle accident few years back, and now has been awarded around Rs 30 lacs as compensation.
The lawyer who handled the case is now demanding 20 % as his fees. In the initial stage fees was not discussed and the lawyer also did not specify his rate. He is now threatening to get the above amount.
Can any body guide how the matter can be tackled & whether the lawyer is justified in demanding an abnormal share in the compensation amount
Devajyoti Barman
(Expert) 14 February 2014
The fees is reasonable as in MACT case 25% of the awarded amount is fees of the lawyer in general circumstances.
Anirudh
(Expert) 14 February 2014
The demand of 20% fee is highly unreasonable. The Advocate concerned is trying to take undue advantage of the situation. Do not budge and do not fear. He cannot do anything. Even if he approaches the Court, court will not grant him 20% of the award amount as fee.
Dr J C Vashista
(Expert) 15 February 2014
The decision of Counsel's fees is personal agreement of client and counsel, not a legal query.
Guest
(Expert) 15 February 2014
The percentage demanded by the Advocate is very reasonable which could be confirmed with other advocates who are well versed in accident claims.Remember there were so many aspects to be handled by the advocate to get the compensation confirmed.
P. Venu
(Expert) 15 February 2014
The query and the replies bring up a larger question. It is an open secret that the advocates handling MACT cases have made a habit of demanding and receiving a share in the compensation (10 -20 percentage or more) as their fees. Is this practice (or malpractice)a violation of professional ethics?
Guest
(Expert) 15 February 2014
An accident claim faces many issues which can not be discussed in open platform.A small negligence on the part of Advocate would lead to total refusal more over entire demand is not exclusively for advocate and many to be faced.understand and here the claim is on reasonable side to be practical
malipeddi jaggarao
(Expert) 15 February 2014
I fully agree with expert Dr.Vashista. At the same time many experts opined that the fee is reasonable. You can re-negotiate and decide the fee with mutual consent instead of making an issue after getting the compensation.
ajay sethi
(Expert) 15 February 2014
lawyer cannot demand 20%of actual compensation awarded as his fees . the mistake you made was not discussing fees when you engaged fees of lawyer . do not bow down to his threats . since you have never agreed to pay 20%as fees he has no case
Guest
(Expert) 15 February 2014
@ Author once again I wish to confirm that the demand is reasonable.You could confirm the same with other court lawyers specialized in accident claims or at least those who attend such cases.Do not rub your advocate after succeeding the matter.Just settle him.
Rajendra K Goyal
(Expert) 15 February 2014
Lawyer fee is to be negotiated and to be agreed upon before entrusting of the case. however it is also an open facts even after negotiation of the fee, some lawyers demand again and again and even on each hearing also.
In this case the fee was not settled early, now it is better to settle the matter amicably.
If not possible and both sides are adamant , let the matter be decided legally.
BAALASUBRAMANNYAMM
(Expert) 15 February 2014
No party have expected that how much amount he is going to get as compensation and that either the party or the advocate did not made negotiations towards the advocates fee, at the time of entrusting the brief by the party to the advocate. The party has confidence on the advocate, on the other hand, the advocate has also same vice-versa.But when the award amount is passed, the party have come to a 2nd thought about the payment of advocate fee. Since then he has not blamming his advocate towards fees. Then only the disputes raises. I am of the opinion, the parties also should have to fair, in paying the advocate fees, after passing an award in MACT cases.
Dr J C Vashista
(Expert) 15 February 2014
It is a contract between counsel and client on a fees, which is negotiable. Despite the fact that MAC claims are being taken up by counsel on settlement of commission or percentage of awarded amount, it has become a practice, which is very convenient to client.
On the other hand conceptually a professional (including lawyer) is entitled for fee and not commission/ percentage of awarded amount, I feel it is totally unethical and illegal.
Raj Kumar Makkad
(Expert) 15 February 2014
Generally 10% amount of the compensation is the fee of lawyers dealing such cases.
T. Kalaiselvan, Advocate
(Expert) 16 February 2014
Though the demand of 20%seems a bit too mush and unreasonable, it cannot be set aside totally because of many factors involved which cannot be discussed here. try for an amicable solution or better to accept.
N V S BHAT
(Querist) 17 February 2014
Thanks a lot for the views/clarifications by experts.
It is true that, fees should have been negotiated in the beginning. But normally people lose sight of it in their tension of accident consequent trauma/police case etc. and the promises of the lawyer who comes to their rescue. However, when it is not negotiated, I feel there should be some appropriate schedule of fees evolved by Advocates fraternity, so that gullible clients are not taken for a ride with demand of abnormal share /percentage at a later stage.
Once again thanks to all
ajay sethi
(Expert) 17 February 2014
thanks for your appreciation
V R SHROFF
(Expert) 17 February 2014
iMPORTANT FACTOR TO NOTE IS " ADVOCATE HIMSELF PAY ALL COURT FEES ALMOST rS. 30,000/- IN THIS CASE, AND IT IS MONEY INVESTED FOR YEARS!!
Plus he manages Insurance Advocate and probably?? judge..
If he handle 100 case in 4 yrs, he need to invest his own court fees of say Rs. 20 Lakhs and wait for it till finalised, + Share with concerned persons...Police Stan , Other reports.
Querist did not disclose who paid COURT FEES??
AND WHY THE QUERIST HIDING VITAL FACT???
garaj sari to vaid very!!!!FREE OF CHARGE LITIGATION FOR YEARS!!!
MACT ADVOCATE INVEST THEIR OWN MONEY..
FIGHT FOR YEARS !
So their 20% is justified..
If they don't manage, u would not have received even 15 Lakh... WHY FORGET THAT?? HE EARN FOR YOU, AND GET PAID OUT OF HIS OWN.
WAS A DECEASED PAYING INCOME TAX???
Could otherwise he proves income and damages?? to get 30L
Don't under estimate the efforts of Advocate.. AT HIS OWN COST ..
