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Recovery of advocate fees from client

(Querist) 12 August 2012 This query is : Resolved 
Dear Sir
Iam an advocate practicing at Jamshedpur Civil Court in one of the case relating to section 138 of NI Act I have reprented in favour of Accused and an verbal agreement was made with him in presence my junior adovocate and my office satff that they will pay a fixed amount if case will disposed in his favour but after disposal of his case in his favour I wanted take his signature on Bill copy He denied asssure that He will pay admitted amount very soon but more than 20 days laps He di not turn up

Kimdly suggest what remedy I shuld legal take for recovery of bill amount

Your Truly

Umesh Kumar Singh
Advocate
Jmashedpur
valentine thakkar (Expert) 13 August 2012
Dear

Send a legal notice with all the details of the work done by you and the promise he made.
prabhakar singh (Expert) 13 August 2012
"Accused and an verbal agreement was made with him in presence my junior adovocate and my office satff that they will pay a fixed amount if case will disposed in his favor"

Such an agreement you should not enter in future.It is legally wrong on your part.we charge fees for conducting a case and not to wager upon judgement which may go any side.
M V Gupta (Expert) 13 August 2012
Many Advocates follow the above practice in order to get the briefs, and if they do not take precautions they end up in losing the fees. As suggested issue a notice along with ur bill of fees to the client and follow it up. If the client does not pay u will have to file suit. What else u can do?
prabhakar singh (Expert) 13 August 2012
I always forgot such dishonest clients.I condemn such advocates who practice in such a way just to get briefs.

Shall any court hold such an agreement valid if pleaded like that.

IF YOU REALLY WANT A DECREE THEN PLEAD THAT A FEES WAS FIXED BETWEEN YOU TWO AND A PROMISE WAS MADE TO PAY THE SAME A MONTH(any period) AFTER the decision.
Santosh Goswami,Advocate (Expert) 13 August 2012
Serve a legal notice through another Advocate. That wud be sufficient.
H.M.Patnaik (Expert) 13 August 2012
The query is adequately answered.
RAJU O.F., (Expert) 14 August 2012
Always collect the normal fees in advance before you venture into the matter. There will be only very few to keep up such promises, once their problem is solved or not.
JANAK RAJ VATSA (Expert) 15 August 2012
also ld mr prabhakar is very right in conveying that we charge fees for conducting our professional work which should not be linked to the outcome of the case because should it happen otherwise then a professional does not deserve the fees as per the alleged agreement.


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