Madhu 14 June 2015

Can advocate ask to pay liability of sending legal notice

Dear Advocate,

I have recieved the Legal notice by Advocate saying you need to pay the leagal notice charge as liability. My counter parts approched their advocate and asked their advocate to send the legal notice for dissolution of partnership deed and advocate in his legal notice informed us to pay the legal notice charge.

I would like to know whether this scenario is valid?

if i dont want to pay notice charges, what are the action items advocate can take and what i need to take against the advocate and counter parts?

What would be maximum amount for sending legal notice charge?

If they asked me to pay, can i file suit against advocate, Kindly let me know i need to approch.

Regards

Madhu

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3 Replies

Advocate/CS Sanjeev Kataria ( Advocate) 17 June 2015

dear madhu

there is no law to the fees of the advocate. the logic behind the cost in legal notice is that the oposite party compelled the noticer to issue the notice.as far as your problem is concerned, you should reply suitably the legal notice. case against the advocate is not maintainable. what your counter parts can do, he or she can file a suit depending upon the relevant laws of partnerhsip act and procedural laws

Adv k . mahesh (advocate) 17 June 2015

yes you have to reply point wise objections if you have through your advocate or yourself and the lawyer fees is not stibulated by any law its a normal practice to mention

if the aggreived party is satisfied with your reply notice then they will not file any suit but if they arenot satisfied then they will file a suit and you have to contest accordingly

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 June 2015

If you ask a lawyer to send a legal notice and the lawyer sends the notice, he has given you a service. He is entitled to receive remuneration for the service and he can bill you for it. His fees is a liability on you. But the instance, which you are referring to, is not clear. Who are your counterparts? Do you mean other partners in a parternership in which you are also a partner? . Whether you also can be included to share the lawyer's fees, if they jointly asked the lawyer to send notice would depend on many things.