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Lawyer Fees in a Divorce case.

In a divorce case;
1) What type of regular fees are charged by lawyers in Delhi ?

2) Do lawyers charge a percentage (%) of the settlement amount apart from their regular fees for drafting, appearance etc ?

3) W.r.t. 2) what is the range of percentage charged in such cases ?

4) Are there any restrictions imposed by any authority on the structure of fees ?

5) Alternatively, what type of fees are permitted ?

Thanks in advance
Tarwinder Singh


Learning

 1 Replies

Aayushi Bopche   12 April 2022

Hello, 

1). The Supreme Court rules 2013 permit a lawyer to charge a maximum of Rs 8,000 per hearing, barely a fraction of what is actually billed. But Lawyers charge fees depending upon type of case and their capacity to win the case + finish the case in shortest possible time.In some cases Lawyers generally charge clients according to their paying capacity. So, the fee varies from client to client.

Different lawyers have different amount of fees. Senior Lawyers will charge around Rs. 2.5 Lacs for filing fees and expenses, around Rs. 1 Lac for Junior Fees and around Rs. 50,000/- to Rs. 2,00,000/- for appearance which will work out to around Rs. 10 - 12 Lacs on an average. 

2). Lawyers are restricted to charge commission/ percentage from their clients for providing their services but it is not uncommon specially in motor claim case.

3). lumpsum payment (20–25%) on the total amount of compensation.

4). According to a report published by DAKSH, an average Indian (plaintiff) incurs an average cost of Rs. 465 per day for the court proceedings. According to Supreme Court rules 2013, a lawyer should charge a maximum of Rs. 8000 per hearing, not even half of what is charged by the lawyers. Top Lawyers in the country charge around Rs. 10 to Rs. 20 lakh for an appearance in the Supreme Court. 

In the case of Sunitha v. State of Telangana, the Supreme Court acknowledged the issue of hefty fees being charged by the legal professionals and it was held that the advocate’s fee was based on a percentage of the result of the litigation was illegal and should not be entertained. The Supreme Court wanted a law to keep in check the escalating commercialization of the legal profession and to prescribe a limit for the legal fees to make sure that the poor sections of our society are not nudged out of the justice system.

5). Types of fees permitted :

Consultation Fee, Contingency Fee, Flat Fee, Hourly Rate, Referral Fee, Retainer Fee, Statutory Fee.

Thank you

Aayushi Bopche

 


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