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damodaran (Sr.Executive)     21 December 2012

Accident claim

Dear All,

In Jun 07 my father met with an accident. In Apr 12 we had gone for "Out of court settlement". We have been sactioned Rs.5,00,000/- as a compensation.

Our lawer is Mr. A, through him only we had gone for this out of court settlement.

During the case argument, Mr.B argued for our case instead of Mr.A though Mr.A was there. In presence of Judge and Mr.A, we told Mr.B that he should not argue for our case because Mr.A is our lawer. As we said Mr.B kept quite and left that place immediately after a while. We only argued and won the claim of Rs.5,00,000/- though Mr.A was there with his mouth shut.

We were sanctioned the compensation in Apr 12. Till now we have not received our cheque. When enquired Mr.A he said that cheque will be issued in the name of my father, we need not have to worry.

Several monts went on like this, last week we again asked him, he said that cheque is ready but we need to talk to Mr. B to finalise the percentage as a lawer fee because Mr. B only did all the works to finalise the case.We said to Mr.A that you are only our lawer, but he is not agreeing and keep on telling us to contact Mr.B.

Whenever I make a call to Mr.A's cell phone, he attends the call but never answer back or gives it to his kids.

I am afraid that if I speak to Mr.B, he may demand more percentage.

I don’t know what to do next.

My queries are as follows

1) What is the average percentage is collected by the lawers as a fee on accident compensation?

2) How to handle/deal with Mr.A?

3) Is it right to talk to Mr.B?

4) If I talk to Mr.B and If he demands more percentage, then what do I have to do?

I don’t know what to do next. I am totally confused.

Please help. Request your advise.

 

 

 

 

 

 

 

 

 

 

 



Learning

 3 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     21 December 2012

You need not pay any percentage to lawyer except the fees you agreed to pay. Its very simple. Contact any other advocate known to you or present a petition to the court saying you are withdrawing ur vakalat and that u willconduct further proceeding by yourself.

Chetan Joshi (Advisory/Advocacy)     22 December 2012

Mr. A and B are trying to act over smart...You need to deal this with confidence...Listen to what Mr.B has to say...

 

He isnt entitled to anything extra....

damodaran (Sr.Executive)     24 December 2012

Dear Mr.N Ramesh,

Even if I withdraw my vakalat and proceed my case with some other lawyer, I will have to pay some money to Mr.A for the works he has done so far on this case. I think he will definitely ask some money.

My another worry is that If I proceed my case again, when will it come to an end.

Please advise.


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