Lawyer falsely asking for fees
rs
(Querist) 21 May 2013
This query is : Resolved
I called a lawyer remotely and discussed regarding a case. To assist him and get a better understanding of what the initial analysis, I supported the laywer through the some documents of the already pending case and emailed him the same. I clearly mentione din the email if he needed more documents please ask for it and do not withdraw papers (I knew he would spend more time, effrot, and cost to retrieve papers and then ask for the same later).
However, i feel the lawyer unlawfully withdrew more court papers, which I alreayd had, plus went into details more than what I was looking for. We did not contact again as his fees of 3 lakh rupees was a lot.
All along, I asked him the initialconsultancy fees and he said that i shall not worry about it. Now after a month, out of the blue he sent me an email saying I owe him some 30000 rupees and if i do not pay he will issue legal notice.
I have NOT signed any vakalatnama, i have not signed anything, I have not even through email agreed to his fees of 30000, but merely by talking to him twice, he is threatning me a legal notice. I am not refusing to pay him but what i am surprised is that how can he withdraw more papers from court when he is not my appointed lawyer, i was only calling him to give me a headstart. He could have asked for permission to withdraw and at that time i would ask him his fees and matter would be resolved right then but by doing work under the table, he probably feels cheated , which is not right because i never asked him to do this, its not legitimate without my consent even after refinforcing in email to not remove any papers but to ask me.
So My question is that if i have on email clearly stated do not withdraw docuemtns, and have not signed to make him my lawful advocate, is he allowed to withdraw all court papers on my behalf (actually that too it is for my dad), and then forcefully show bills for withdrawing papers (he said on the bill in hindi that this bill is for wthdrawing documents) and charge me money? Is this right? Can he sue me for not paying him? What should i tell him? :(
Should i tell him that if you sue me for not paying, which also is not right because there is no agreement then i will sue you for the illegal withdrawal of documents?
Raj Kumar Makkad
(Expert) 21 May 2013
Reply the mail in proper way denying to pay such huge fee on the grounds already mentioned by you in the query. You should additionally tell him that he is indulged in malpractice which constitutes misconduct and you shall be compelled to make complaint against him before Bar Council under section 35 of Advocates Act, 1961 if he do no withdraw his legal notice or any illegal action as threatened.
rs
(Querist) 21 May 2013
Thank you for this great reply Sir. As soon as I told him this he was completely shaken, he had no words. All he said was that he will file agaisnt my entire family and threatened me again. I dont even know how this lawyer is saying all this so openly. It's harassment I feel. But one thing is for sure that he knows that he is not right in asking for money otherwise he would press upon the money. I am shocked he withdrew all papers without my signatures from the court. Such a breach.
And then asking for all this money! and now talking of FIR!
I hope my family is safe, he is from dehradun. Will that mean that the police will come home to our place in delhi?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 May 2013
First of all this person should have decided the fees part prior to taking any consultation.
There is no yardstick how much fees should be charged and asking fees is no crime under any law.
ajay sethi
(Expert) 21 May 2013
Rs 30,000 for consultation fees is exorbitant . always decide fees that lawyer may charge in advance for consultation . if you have not asked him to with draw papers from court he cant saddle you with that bill file complaint with bar council against said advocate
rs
(Querist) 21 May 2013
Sir, My claim is not about money. Yes, he can ask for any amount of money.
I am talking about malpractice that how can he withdraw my court papers without a vakalatnama or equivalent signed papers. If i had requested him to withdraw my papers then I would pay him whatever.
But legally a lawyer cannot withdraw the entire set of my property papers from court and then ask money for it. This is illegitimate to begin with. Now, he should infact not claim he withdrew papers because that is what I will take to the bar.
R.K Nanda
(Expert) 21 May 2013
send legal notice to him first.
ajay sethi
(Expert) 21 May 2013
why should lawyer with draw case papers from court ? no lawyer in his senses will obtain copies of court papers unless client has told him to do so .
generally advance money is taken for said purpose .
further application has to be made duly signed by advocate on record for obtaining certified copies of case papers
in your case may be it was trust factor that you will pay that he must have gone ahead and unofficially obtained case papers
better arrive at an amicable settlement with lawyer
rs
(Querist) 21 May 2013
I agree with you Ajay. I sent him only one email and told him if he needs any documents, please ask for the same because i have the entire set with me. I also told him in the email that we do not want to spend money and time to get papers. And then attached some papers.
The next thing i know is he withdrew all other papers, and when i told him i do not want you to go into such details, he made a bill of 20000 rupees, non negotiating and says he will take legal action if not paid.
Amazing!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 May 2013
You are openly contradicting yourself and that too against a legal person who is not here to give his side of story.
see what you have writte above-
Sir, My claim is not about money. Yes, he can ask for any amount of money.
Try to understand that the relations of client and advocate are confidential . You should fist settle the terms than give your story and details of your case.
Now the advocate knows every ins and out about you and has custody of documents which have not dropped from sky unless you have given details.
So no use showing temper and playing blame game but try to settle the matter amicably which any sensible person will agree.
Shashikant V. Patil
(Expert) 21 May 2013
Check up, in many places, the rate of Advocates for their various types of assignments have been fixed, you compare with this rate under which your assignment falls and negotiate with him for settlement of payment.
rs
(Querist) 21 May 2013
While most above have probably understood what I am trying to explain, my question here for the experts is not about how much a lawyer should charge me, or whether he is here for his part of the story or not..
It is actually very simple, yes the details he had is what i gave him , like name, explaining the old case to him but
Is a lawyer allowed to legally withdraw papers from the court without a vakalatnama, or an equivalent document without my written signed consent?
I have done this before and a lawyer had emailed me a vakalatnama form, and i filled and signed it but here he just got all documents, i am surprised because all i asked was basic advice.. if he thought he didnt have enough information and wanted to withdraw papers, he should have taken my permission. how can one just go and withdraw documents and claim it to be official. Why should i pay this lawyer fees for wrong doing especially after he says he will take legal action against me?
Raj Kumar Makkad
(Expert) 22 May 2013
I think, your query has duly been resolved and you have clearly been provided with the course of action to be initiated on your part but deliberately you are lingering the issue for the reasons best known to you.
