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referral fee - bar council of india rules


With a lot of business activities happening around, advent of specialisation, the fact that everyone cannot handle every type of legal work and international transactions involving Indian legal assistance, paying/demanding “referral fee” has become a common practice. However, I have serious view that such practice will fall foul with the Bar Council. 

Will payment or receipt of referral fee by advocates be a misconduct as per BCI Rules?

 
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This could have been such an interesting discussion which certainly needs a thought. I am surprised that there are no replies of experts to this thread.

 
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Dear Mr. Mohan

Offering as well as accepting "Referral Fee" by Advocates registered with the Bar Council of India is illegal and amounts to misconduct, making such Advocates, liable to be struck off as Advocates. 

Rule 47 to 52 of the Bar Council of India Rules specifies the permitted remuneration and income by an Advocate, and absence of income from referral fee is conspicuous in the rules as the same is not permitted. Bar Council Rules further prohibit receiving "Success Fee" or "Fee by percentage upon success in a case", as the same amounts to professional misconduct. Entering into agreements and understandings are also prohibited and amount to professional misconduct. 

Regards

 

 
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