Advocate fees
K.P.BHAT
(Querist) 17 April 2012
This query is : Resolved
ONE ADVOCATE ACCEPTED THE VAKALATH. THE CLIENT PAID Rs.10000.00 TO THE ADVOCATE. THE ADVOCATE DID NOT ISSUE ANY RECEIPT TO THE CLIENT. IN THE MIDDLE OF THE CASE, HE WITHDREW FROM THE CASE BY REPORTING NO INSTRUCTIONS WITHOUT THE KNOWLEDGE/CONSENT OF THE CLIENT.
THE CLIENT APPROACHED THE CONSUMER FORUM FOR DEFICIENCY OF SERVICE. NOW THE ADVOCATE SAYS THAT, HE HAS GIVEN FREE SERVICE AS SUCH THERE IS NO CONSIDERATION. HENCE THE COMPLAINT IS NOT MAINTAINABLE.
WHAT TO DO WHEN ADVOCATES TAKE THE FEES AND DO NOT ISSUE ANY RECEIPT/PROOF. IN FUTURE, ALL THE CLIENTS MUST AND SHOULD DEMAND RECEIPTS FOR FEES PAID TO THE ADVOCATE.
PL.GUIDE ME.
A SUFFERED CLIENT
Devajyoti Barman
(Expert) 17 April 2012
You can prove other kind of proof to show the payment.
Documentary evidence is only one kind of proof.
The verbal evidence is no less important.
However the advocates are yet to be covered under the consumer protection act.
ajay sethi
(Expert) 17 April 2012
was payment made by cash or cheque .
Adv.R.P.Chugh
(Expert) 17 April 2012
Even in a case which he deals for free - an advocate cannot be grossly negligent. If he is too busy for a case he should not take it fees or no fees.
Advocates have been successfully prosecuted under the CPA. (See N.Balakrishnan v. M.Krishnamurthy - AIR 1998 SC)
ajay sethi
(Expert) 17 April 2012
Lawyers not liable under consumer Act: SC: 14 April 2009
NEW DELHI: The Supreme Court on Monday stayed a ruling of the apex consumer forum holding that services rendered by an advocate to his client in the course of litigation be covered under the provisions of Consumer Protection Act.
A Bench comprising Justices L S Panta and B Sudershan Reddy stayed the ruling of National Consumer Disputes Redressal Commission (NCDRC), which was challenged by a large number of advocate bodies after lawyers raised a hue and cry over the prospect of being sued by clients for deficient service.
The appeals were filed by Bar of Indian Lawyers, Delhi High Court Bar Association and Bar Council of India. One of the lawyers' bodies represented by advocate Jasbir Malik argued that lawyers rendered legal assistance and not service to the clients.
One Devender Kumar Gandhi had filed a complaint before District Consumer Redressal Forum alleging deficiency of service against his lawyer M Mathai. The district forum on June 1, 2000, held the lawyer liable and asked him to pay Rs 3,000 as compensation for mental agony and another Rs 1,000 as cost.
On the appeal filed by the lawyer, the state commission reversed the finding and said that lawyers were not liable to be proceeded against as the services rendered by them did not come within the ambit of the consumer law.
However, the NCDRC set aside the state commission's verdict and held that if there was deficiency in service rendered by lawyers, complaint under Consumer Protection Act was maintainable against them.
Shonee Kapoor
(Expert) 18 April 2012
The lawyer can well be prosecuted under consumer protection act and complaint can be given to bar council in this regard.
It is always better to ask for the receipt.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 18 April 2012
His own statement of "no instruction after a long time of proceedings run up" goes to suggest he was paid. In addition you might have gone with some one to visit him as it happens generally and would have paid him in presence of him ,his affidavit can proof the factum of payment of fees.
Meanwhile as you see maintainability of complaint is under apex review but you go on as I think judgement would be in favor of client,and in my opinion it should be rightly so. It would be fallacious indeed to think that rendering legal assistance for fees would not amount assistance of any service.
Then doctors give medical assistance.CA gives accountancy assistance.???? I can cite several instances of like nature.
Is it so that only sweepers render service and none else.
Or is it so that legal service is creature of GOD.
In my view what ever a man can not do on his own, for any reason what soever ,mentally or manually and needs assistance of the other and accordingly hires services of other man by having paid or paying or promising to pay consideration is receiving service.
V R SHROFF
(Expert) 18 April 2012
Advocate give advise, on consultation For a hour,
Client says he did not bring money, & go away.
Advocate cannot take back his spoken words, already delivered.
All other commodities, a seller can withheld, unless paid, NOT ADVOCATE.
Even Dr. will not allow dead body delivery, if bills not paid.
But Advocate must return all papers of client, go by his own expenses, anywhere in India anD appear, even if client do not pay!!Spend his own!!
Advocate is Profession, that is controlled by Adv Act, and money is not consideration. Advocate is duty bound, once filed Vakalat.
IN THE MIDDLE OF THE CASE, ADVOCATE CANNOT WITHDREW FROM THE CASE BY REPORTING NO INSTRUCTIONS WITHOUT INTIMATION IN ADVANCE AND IN WRITING TO THE CLIENT.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
Whether he paid ten thousand or one hundred this is first question.
Advocate can always withdraw but by giving advance notice., so that he can engage another advocate in time.
It is injustice on that particular advocate without knowing his side of story.
SAINATH DEVALLA
(Expert) 18 April 2012
Dear experts,
In this particular query I feel that fault lies with both the client and the advocate.We are not aware what transpired after filing the case.The client has mentioned that the advocate withdrew midway,but has not citied the reasons.As far as the advocate is concerned,he has deviated from professional ethics.The other things I am not eloborating.No advocate gives receipt for the remuneration for the services rendered,for acting as an intermediary between the client and the court.
RAJU O.F.,
(Expert) 18 April 2012
We do not know the amount involved or the nature of the suit. If the client had paid initial remuneration of Rs.10,000/- for filing vakalath and later did not approach the advocate, as many clients do, this may happen. The fees and its schedule must be fixed in the begining and that must be paid then only the advocate would feel to sincerely fight for the client.
Surender Kumar Sharma
(Expert) 18 April 2012
Dear Experts and Mr. Bhat
Ofcourse all the experts are right but the view of Mr. Sainath Devalla and Mr.Raju O.F. is quite perfect, another one thing is that ruling of S.C. as stated by Expert Mr. Ajay Sethi says advocate are not comes under the preview of C.P.Act.
venkatesh Rao
(Expert) 18 April 2012
It is oath against oath. You say you have paid fees and the advocate says, no. God only can help you. Where is any document to show that you have paid anything? It is the professional ethics that may force your advocate to pay you back at least a portion or to go on with the case.
M V Gupta
(Expert) 20 April 2012
To say that Advocates do not issue receipts for the fees received may be a sweeping statement. I as an advocate issue receipts for all the fee paid to me. It is also a fact that in many cases clients do not meet the advocate after giving the vakalat and do not respond to letters written by the Advocate to meet him to finalize the plaint/ written statement to be filed. Naturally the Advocate has to report no instructions. As regards whether Advocates are covered by CP Act or not, if Doctors are coevered by the CP Act, why not Advocates? Let us await the decision of the Apex court.
shivam......
(Expert) 21 April 2012
IN THE MIDDLE OF THE CASE, ADVOCATE CANNOT WITHDREW FROM THE CASE BY REPORTING NO INSTRUCTIONS WITHOUT INTIMATION IN ADVANCE AND IN WRITING TO THE CLIENT.
It is however always better for the client that he should ask the advocate for his fee bill in writing and make payment thereafter and ask for acknowledgement, if no acknowledgement is given, the client should mention the fact of payment in pursuance of bill in his future correspondence with the advocate.
