Lawyers & procedure ???
Guest
(Querist) 28 December 2010
This query is : Resolved
I want to know some points about lawyers and dealings as i want to file a case on my husband.
1)- lawyers fees is a one time fees or on every hearing i will have to pay my lawyer??
2)- My friend who is already fighting a case said that lawyers take the fees of the case, and every case have different expense or charge( rate). Like a divorce case and 125 crpc, PWDV case have different charges. Is it like that ???
3)- I will have to pay for just the case charge ( on filing a particular case) or for the hearings also, like before every hearing will i have to pay my lawyer ???
Please explain me the procedure, is it a one time thing or again and again i will have to give money to my lawyer.
Please guide me
Devajyoti Barman
(Expert) 28 December 2010
1. Both . It depends upon the choice of the lawyer or the client
2. Generally no. The fees diffres wiith the lawyer but not with the cases.
3. Yes for all the hearings unless both of aggree for one tiime lumpsum fees.
R.Ramachandran
(Expert) 29 December 2010
I agree with the above views of the experts. I also want to state that the fees for the lawyer depends upon (i) his standing in the bar; (ii) the nature and complexities of the case in issue (iii) the number of professional hours that he would be spending on the matter (iv) an estimate of the number of hearings that may involve etc. etc., and above all the paying capacity of the client is also always kept in view. One can say while the affluent clients would be charged a little bit more - which comes in handy while subsidising for the less affluent clients etc.
Over all, the fee is agreed either in lumpsum or in instalments or on per hearing basis. In any case there should be a clear undertanding between the client and the advocate on these money aspects.
G. ARAVINTHAN
(Expert) 29 December 2010
Strictly speaking, advocates are bound to get fees as per Legal Practitioners Rules. But if any advocate charge like that, no one will survive and those charge will not even pay to typists.
Generally fees is based on the case as well as value of the property
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 December 2010
Advocate fees are not just like scales of a grocers shop. It will depend on your personal relations and if you have doubts and fussy about transections . , no advocate can do justice with you.
R.Ramachandran
(Expert) 29 December 2010
I think Mr. Aravinthan is referring to the
Advocates Fee Rules which is being framed by the respective High Courts by virtue of the power granted under Artice 227 of the Constitution and also in terms of Section 27 of the Legal Practitioners Act, 1879 and Section 34(1A) of the Advocates Act, 1961.
I must inform, that these rules are not intended for fixing the fee payable to the Advocates by their clients. But the fees fixed under these Rules, are the basis for ordering by the courts, the fee payable by the adversary in the Courts wherever costs are imposed by the Courts
against a party at the end of a proceedings.
Therefore, these rules govern the Courts while ordering costs, rather than the Advocates while charging fees from clients.
Parthasarathi Loganathan
(Expert) 29 December 2010
Do any other professionals like Doctors, CAs, etc follow a prescribed set of frame of Rules or Regulations governing collection of Fees or Charges?
Advocate. Arunagiri
(Expert) 29 December 2010
The fee payable to your advocate is a personal contract between you both. How we can say on that.
Before fixing the advocate discuss with him regarding the fees.
