Adjournment cost
Dalip Singh
(Querist) 04 June 2018
This query is : Resolved
If any costs are allowed for an adjournment, the advocate would be entitled for the same. How it can be justified.
Ms.Usha Kapoor
(Expert) 05 June 2018
If the lawyer genuinely fulfills the following professional duties honestly and sincerely the costs for unnecessary adjournments are paid to him.This is my justification.
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(2)
A
LAWYER
'
S
DUTY TO THE
COURT
As set out above, we have distilled a lawyer's duty
to the court to three key duties:
(A) to use tactics that are legal, honest and respe
ctful to courts and tribunals; (B) to act with
integrity and professionalism while maintaining his
or her overarching responsibility to ensure
civil conduct; and (C) to educate clients about the
court processes in the interest of promoting the
public's confidence in the administration of justic
e. Below is a discussion of these three duties
R.Ramachandran
(Expert) 05 June 2018
Ms. Usha Kapoor: The question is, when the client is already paying the Advocate for such hearings, why the cost recovered from the opposite party (due to adjournment etc.) should be pocketed by the Advocate and should not be passed on to the client?
Vijay Raj Mahajan
(Expert) 05 June 2018
You are right sir, when advocate has been paid his fee by the client, any cost paid by opposite party for adjournment of the date in the court proceedings should go to the client not the advocate, but unfortunately that is pocketed by the advocate in many cases. Advocate of first party has no right to pocket the cost imposed on the opposite party by the court for adjournment.
Dr J C Vashista
(Expert) 06 June 2018
Experts shall agree there is vast gap between theory and practice.
What transpires in court proceedings (especially when cost is paid) practically the Counsel claims/ pockets the amount of cost as compensation of wastage of his/her time and no proceedings in the Court due to negligence of the Opposite Party/Counsel.
As I find there is nothing wrong/illegal/invalid in pocketing cost by the counsel of the litigant/client.
