cpc

mact case fee for advocate


 

My Dad died in road accident six years back (2009) and we filed MACT in Chennai high court (small causes)on the same year with the help of advocate. And advocate fee was discussed as 15% initially.

 

I paid the court fee and other court  charges for the case and  in the due course of period lawyer have charged me around 25 thousand  as miscellaneous fee.

 

Now we got the judgement  and awarded amount is 1397000 with interest of 7.5 percent.

So my doubt here is how i should pay the advocate. The 15% is on the awarded amount or I have to  add the  15% of interest amount also.

 
 
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member

15% on (awarded amount + interest)
 
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Advocate Solicitor & Consultant

As per the Advocate Act  (Indian) no Advocate is allowed to take part in the proceeds of his case as his case fee ( it is illegal and he also can be charged in the court against this as per the BCI rules). His case fee should not be a part of the proceeds in other words.

Further,  his case fee should be well precised and specific and  conveyed to client before the time of his taking / giving the case /  before his signing the Vakalatnama in the Advocate's favour.

 
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Advocate

In practice, it is the agreed amount @ of 15% on award as well as the interest on the award.   There may be rules that advocates should not bargain on the percentage basis, but it generally flouted, however practically one must honor the agreement.

 
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