Dispute on advocate fees for ancestor property
parikshith
(Querist) 21 December 2015
This query is : Resolved
Respected Lawyers,
I have two cases with a same lawyer & have queries relating to the lawyer fees who is threatening me if i don't pay those below amount I will be send notice to my company & makes sure I will loose my Job & will
recover the money in anyway & will not spare me, she is collecting details of my e-mail/phone with her relative
who works for same company which is easy.
Am an software engineer working in Bangalore & now out of India from last 2 months for some assignment from the company and have paid around 1L rs 65K online(I have the details) & rest cash as and when i was asked, below is the circumstance:
Case#1:A case that my mother has filed & was compromised between the two parties One year back in presence of local people.
Case#2:A case that me & my brother has filed for ancestral property that was compromised by means of mediation & was submitted to court.
My lawyer never informed me on the case status nor discussed any fees structure till date & I always approached another lawyers(paying some cash) to know the status, never took any responsibility to answer our phone calls & most of the time never bothered to call back the only time i got call was to ask fees upon questioning it i was mislead that I tried calling you..bla bla bal..
Mean while I initiated the compromise in Case#1 & got settled & informed the same to my lawyer which was notified to the court.
I got Case#2 also compromised where several times i came to know that there was hearing & i was not informed (tried calling several times but phone was switched off)i got a call after 2 weeks & upon questioning I was scolded how can you go to court without my consent/informing)
Thatz the small background & by the time I decided to change the Lawyer both case was settled so just ignored..was it my mistake?
We wanted get the order copy of Case#1 from the court but our lawyer never bothered to get it done & our lawyer
started to ask Ransom amount of 10Lakhs to my mother as I was out of India & said if you don't pay i will see
how you will get that property, so we filed a complaint in Bar council & with lots of drama in court premise
our lawyer went inside & told that our client is not here today..! Where both the parties were waiting.But some how with help of other ppl it was done.. our lawyer was shouting & screaming & threatening
and highlighting some Ransom figure that I have agreed which I have never agreed.
For Case#2 our lawyer is asking to pay around 20% of my purely self acquired property (house worth 50L)as the opposite
party has showed in their WS which was to theathning me so that I withdraw & in compromise it was not a matter
of question by mediation lawyer nor my lawyer as WS as irrelevant & was never discussed with me.
Am very scared, plz suggest is this how it works do i need to also pay percentage for not doing anything by my lawyer or how to handle this,in both the case we have never been called to witness.
Thanks
Pari
P. Venu
(Expert) 21 December 2015
The lawyer cannot unilaterally enforce the payment from your employer; for that she (or he) need to obtain a decree through a civil action. Even if the decree is obtained, it would only be enforced, there is no threat to your job.
Dr J C Vashista
(Expert) 21 December 2015
Too long a story and not a query, be precise.
Discuss with your lawyer, continue till you have faith in him/her, otherwise change after taking No Objection.
R.K Nanda
(Expert) 21 December 2015
query very long.
SAINATH DEVALLA
(Expert) 21 December 2015
If U are not satisfied with the working of UR lawyer U have every right to change him.Take NOC and engage another lawyer.
Adv. Yogen Kakade
(Expert) 21 December 2015
Hi,
It is unfortunate to get threatened by your lawyer for fees.. a lawyer can claim the due amount of fees through civil proceedings for recovery.. there is no threat to your job.
SAINATH DEVALLA
(Expert) 21 December 2015
If U R threatened by UR lawyer,U can complain in the local Bar Council.
parikshith
(Querist) 21 December 2015
Thanks experts am relaxed on my job part now.
As i have paid around 1L for which i have 65K online transaction statement am I still liable to pay the Ranson Amount that is never discussed/agreed can my lawyer still take decree against me?
Also can my lawyer send notice via mails to my official id's what should be my stand?
Regard's
Pari
SAINATH DEVALLA
(Expert) 21 December 2015
No he cannot do so,go through the rules on professional standards of advocates as mentioned in Advocates Act 1961.
H.M.Patnaik
(Expert) 21 December 2015
As regards the fees payable,you can ask for professional bill from the concerned counsel with details of work done date wise and try to settle the matter in a reasonable manner after verifying the details noted therein. In case you feel , the Counsel has charged exorbitantly and falsified some data , you can take the matter to the Disciplinary committee of the High court Bar Council of your state for redressal of your grievance.In the process , you can refer to the Advocates Act, 1961 for assistance and procedural help
parikshith
(Querist) 22 December 2015
Thanks a lot experts for all the support i will accordingly take the step based on my lawyer next move.Am fed up & stopped responding to call's.
The issue is not with the counsel its our lawyer who is demanding outside the court for around 10L(never discussed) for each case where we have settled this outside the court except case filing & one or two dates taken there was nothing done..Local Bar counsel is also aware of this as we had complained despite this is happening.
K.S.Srinivas
(Expert) 26 December 2015
Mr.Parikshith
The following are the duties of advocate as per Advocates Act 1961:-
Duties towards Client:-
(a) Need to maintain an account of the client's money entrusted to him
(b) Maintain account in respect to expenses incurred when dealing with the client's case.
(c) At the end of the case, the account has to be settled and his fee be charged after client's consent.
(d) A copy of client's account shall be furnished on demand duly charging him for the copying expenses.
(e) Advocates shall not convert funds in his hands into loans.
(f) Should pass all relevant information to the clients quickly.
Section 35 : Punishment of Advocates for misconduct
Initiation and Procedure
(1) Where on the receipt of the complaint or otherwise the State Bar Council has reason to believe that any advocate on roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.
(2) Where the case is referred to the disciplinary committee for inquiry and disposal, the committee is required to fix a date for hearing the case and cause a notice to be given to the advocate concerned and the Advocate General of the state.
Powers
(3) Section 35(3) provides that after giving the advocate concerned and the Advocate General an opportunity of being heard, the disciplinary committee of the state bar council may make any of the following orders :-
(a) dismiss the complaint or where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed
(b) reprimand the advocate
(c) suspend the advocate from practice for such period as it may deem fit
(d) remove the name of the advocate from the State roll of advocates
(4) It is to be noted that where the advocate is suspended from practice under the aforesaid clause (c), he shall, during the period of suspension , be debarred from practicing in any court or before any authority or person in India.
Section 36-B: Disposal of disciplinary proceedings
This section provides that the disciplinary committee of the State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand to the BCI which may dispose of the same as if it were proceedings withdrawn for inquiry under section 36(2).
After going through the above material, you may be satisfied that there is no threat to your job. If your advocate misbehaves again you can file a complaint to the State Bar Council.
parikshith
(Querist) 30 December 2015
Thank you Mr.Srinivas, it is very helpful piece of information shared thanks a ton.
Also plz guide me in my other case that was resolved via mediation(3 months back) & as am out of country what will happen to the case?
Regard's
Pari
K.S.Srinivas
(Expert) 30 December 2015
you have posted that the case was resolved via mediation 3 months back and as you are out of country what will heppen to the case?
Please post full details of the case.
parikshith
(Querist) 31 December 2015
Hello Srinivas Sir,
Yes but I have not got the order copy yet & realized that my lawyer did not submit the mediation copy to the court despite requesting & hence the question.
Now am confused as to what to do next or what will happen next as am not there.
Regard's
Pari
K.S.Srinivas
(Expert) 31 December 2015
Follow up with your Advocate.
parikshith
(Querist) 31 December 2015
Hi Srinivas sir,
I need a second opinion on the above issue as the issue is with my advocate hence, can call you if you are ok to provide me the number if this forum permits?
Regard's
Pari
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
