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Abhi . ( .)     23 November 2010

Advocate fees

My husband had left me four years back and started living with another girl and there was no communication from him and I was just aware that he is living in Cochin but no other information. I did have contacts with his family members. Since he also had a child with the other girl, I didnt want to intervene then. My lawyer had filed a petition in the court to attach my son's name with my husband's ancestral property and also a money suit and only then my husband had contacted us and he has now offered a settlement to me. We have filed for a mutual divorce petition as well now. This is happening in a family court in Cochin.

My advocate is asking for 12% of the settlement amount as her fees. She didn't discuss anything earlier with me about her fees and said we shall discuss later. Now I am clueless as to whether this is the actual fees to be paid to her. Please respond at the earliest as she is asking me to transfer the amount tomorrow itself.

Thanks in advance.



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 10 Replies

Roshni B.. (For justice and dignity)     23 November 2010

Since he also had a child with the other girl, I didnt want to intervene then.

why did u not punish him thru DV Act or 498A case,when he had such an illegitimate relationship and child out of it?and why do u say that u did not want to interfere?is their relationship so sacred that u did not want to interfere?

 

anyways,u have just filed for divorce,ie,u have not even got the amount fully.then why is your lawyer in so much hurry to get her %age?

go thru this link below.your advocate's conduct is unethical and illegal.read the advice given by Mr. Prabhakar.u will get the right answer to your question.

https://lawyersclubindia.com/forum/Re-Role-of-lawyers-in-fostering-DV-Dowry-cases-27265.asp

1 Like

Roshni B.. (For justice and dignity)     23 November 2010

hey...

 

please tell correctly if u r a man or woman..in this thread u say u r a wife,deserted by husband for 4 yrs,who has a respectable informal lady(k***) and child.

in your other thread u say u r a male separated for just 2 yrs. from ur wife.

 

????


(Guest)

Dear Abhi,

If this was not discussed. you can complain against the advocate in Bar council under Advocate act 1961, Section 35. For this you need to take DD of Rs. 850 and make six copies of the application as asked by the bar council and submit the same. Once you make a complain your advocate will be set right by Bar council People. I have also done in past.

Regards,

Vivek

1 Like

Avnish Kaur (Consultant)     23 November 2010

AGREE With above, such greedy lawyers shud be given proper treatment.change ur lawyer whu can work for a fixed fees approx RS 10,000 for MCD two motions in DELHI if there is no other issue.

Arup (UNEMPLOYED)     24 November 2010

GET THE PAPER FROM YR PRESENT LAWYER FIRST OF ALL - IF YOU DONOT HAVE COPY OF THOSE.

 

12% OF WHICH AMOUNT?

THAT IS IN QUESTION.

AS MS KAUR TOLD THAT REASONABLE FEES ARE RS 10 000/-, NOW YOU CALCULATE , WHETHER IT IS REASONABLE OR NOT.

IF THE CASE GOING TO BE SETTELED AT EARLIEST - THEN IT WILL BE WISE NOT TO DISTURBE THE SAME.

AFTER DIVORCE, MONEY WILL BE IN YOUR ONE HAND,   FREEDOM  & RIGHT TO MARRY WILL BE IN ANOTHER HAND.

NOW YOU DECIDE.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     24 November 2010

Dear Abhi,

First of all fee is to be settled in first instance. Now You have to settle your advocate fee first.coz she might make some trouble in your settlement. but dont afraid from anything.

If your counsel/advocate work hard for you and did not get any penny till today and if he file various cases then it is your wish and that advocates acceptance.

Usually Advocates charge 10k-50K for every single case and in your case you can calculate the cases and then fix her fee accordingly. 

Further people like Vivek did not know what is complaint and when a complain can be filed against any advocate.?

If you did not settle your fee then you cannot file complain coz advocate fee can be at any extent.

Over here in Chandigarh High Court, Senior advocates charge fee of Rupees 10 lac for per case also. It does not mean that you can file case against them.

So Mr.Vivek plz sure about your guidence.

Good Luck


(Guest)

Dear Mr. Kamal,

Greetings and Best Wishes to you.

I take your permission to clarify some misunderstanding on the above issue. I did not advise the person not to pay the agreed fees. If 12% is the agreed amount between the client and the advocate, then it must be paid and should be paid. However if this has not been agreed before, then the learned counsel is wrong in asking 12% of total settlement by way of his fees. The code and ethics of Advocacy must be respected by every one.

As far as the senior counsels (Designated) are concerned they do inform there fees well in advance to the client. They do not inform in between the case that now i will charge 12%.

Please feel free to correct me if i am wrong. I appreciate and welcome your suggestions. 

Best Regards,

Vivek

Vishwa (translator)     24 November 2010

@ABHI

I have so far sacked at least eight useless bum lawyers, and invariably they put forward the following arguments at this juncture

That their fees are very low compared to what other lawyers are charging

That their fees are very low when compared to what they are charging other clients

That there will be dire consequences if they are sacked

That they will complain to the court and serious action will be taken

That no other lawyer will take up my case

and so on.

In fact none of these has ever happened. If you refuse to pay they cannot do any thing much apart from their empty threats. If you paid them less than ther agreed amounts, in the manner of throwing a bone to a dog, they will still accept this and keep quiet. They are supposed to be officers of justice but they never issue a receipt for the amounts received. They never put any thing in writing with regard to their dealings with you. In short, I have nothing but greatest contempt for most of the lawyers with whom I have had dealings.

They are not supposed sollicit clients but just see the sneaky way they are adding their cellphone numbers to their names.

Do go and complain to the bar council against this percentage business, but since the bar council is also made up of similar unethical lawyers the outcome is not sure. There are always factions in any court and see who is on the other side.

Best wishes

Vishwa

Bhartiya No. 1 (Nationalist)     24 November 2010

There should be written agreement for the fees chrged and reciept too must be issued, so that during advancement of cases, they again can not ask fees again. Actually no control system is there. Even court does not recognizes their actual fees while awarding cost.


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