Gaya 08 June 2026

Refund of lawyers fees due to incomplete work

I went to one lawyer for filing divorce case, but I was advised to file maintenance case, divorce case and child custody case, fees was 3.6 lakhs for all 3 cases. However later I was advised by the same lawyer to file only divorce case and child custody case. Advance was 50,000. But the draft is still not ready, agreed filing date is also over and 1 week delay. No positive response and simply dodging for some reason. Lawyer says no need to file the maintenance case as divorce case itself is sufficient for claiming maintenance. Now I want to get refund from the lawyer as the worknis not done as per the agreed date. How should I approach the lawyer for getting my money back as the work is incomplete and also approach is not satisfactory.

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Quick Summary

If your lawyer hasn't completed the agreed-upon work for your divorce and child custody cases by the deadline, you have options. It's recommended to first discuss the delays and seek a resolution directly with your lawyer. If that fails, consider issuing a legal notice to terminate their services and demand a fee refund. You can also file a complaint with the Bar Council for professional misconduct or pursue a consumer complaint.

3 Replies

Dr. J C Vashista (Advocate ) 09 June 2026

Discuss the issue personally with the lawyer engaged by you. If he (lawyer) do not proceed as agreed you may file a consumer complaint and/or complaint before his Bar Council seeking professional services of some other local lawyer.

T. Kalaiselvan, Advocate (Advocate) 13 June 2026

If the lawyer is refusing to oblige or cooperate nor is able to carry out the tasks entrusted to him/her, you may issue a legal notice terminating the vakalatanama and demand him to return the fees he had accepted in the name of performing the tasks on your behalf, after which you can try the option of approaching bar council with a complaint against the lawyer for professional misconduct as well as for refurnd of your fee amount.

P. Venu (Advocate) 17 June 2026

Obviously, the lawyer is less than professional. You have the option to enegage a competenet professional. Your priority ought to be in safeguarding your rights and interests.

Of course, the conduct of the lawyer is professional misconduct. However, it may not be an easy task to engage another lawyer in proceeding against him.