lawyer increases fees in middle of the case
senthil
(Querist) 30 October 2015
This query is : Resolved
Experts please help me,
I have engaged a lawyer in my civil case, while starting the case he said 15,000 only. I have paid the full fees and for each hearing he taken 1000 also. No receipt or agreement was given for any payment
Now case is in cross examination time he increased the fees as 2 lakhs. He says that "for winning the case u have to pay 2 lakhs, even for get noc pay 2 lakhs and bring your whole family"
I have already paid around 40,000 for the case. Now he is asking for 2 lakhs.how can I handle this I am totally helpless now. I don't have any receipt. Please help me, how can I save my case and further problem from him...
SAINATH DEVALLA
(Expert) 31 October 2015
It was UR fault for not fixing a certain amount to deal with the case till the end.Though I am not supporting UR lawyers behaviour at this stage,but discuss and settle the matter stating uR financial status.What kind of a civil case is it?
Isaac Gabriel
(Expert) 31 October 2015
Fees varies from lawyer to lawyer based upon the experience and talent.Yet, the client needs to have clear understanding about the fess in the begining itself. However, it is not too late to finalyse it.
alexander
(Expert) 31 October 2015
The problem raised my the Author - senthill seems to be a general problem Client is looking for help ,succour and friendly and is in no position to "question why" . Advocate is the DOMINANT party. Once a client has signed the Vakalatnama the client becomes a ' non entity.' Now that the Delhi High Court is transferring cases of value of Rs 2 Cr or less to the District Courts, a big chunk of the affected advocates think that it is an Infra Dig to show up in the District Courts.Fees received are of course not returnable. The Code expects every lawyer to keep an account for each of his clients and return the un-spent amount; or words to that effect. BAR Council needs to step in and put some firm guide lines which are transparent to the client and the Lawyer alike.
Rajendra K Goyal
(Expert) 31 October 2015
If not satisfied with the attitude, change your lawyer after fixing and negotiating all terms.
alexander
(Expert) 31 October 2015
once you have paid the fees asked for you have shot your bolt. When you decide to change you shall start fresh and pay the fees once again. The Second lawyer's ego goes up no end and with that his moustaches if he has any. Few Advocates who were really 24 carat gold, whom I had known , have all in due course been promoted to the Bench
.Another evil that plagues a section of our fraternity is too much " Fraternising" with the opponents in the Court room.
prabhakar singh
(Expert) 31 October 2015
In big cities problem like this is cropping up and we should condemn this type of a rogue practitioners to save the reputation of the profession, once known as noblest one.
Guest
(Expert) 31 October 2015
Prabhakar ji,
Such type of greedy lawyers, who try to pick pockets of their cliets even after fixing their fee, tend to lose their reputation, trustworthiness and clientele. They can never flourish in their legal career.
Guest
(Expert) 31 October 2015
Prabhakar ji,
Such type of greedy lawyers, who try to pick pockets of their cliets even after fixing their fee, tend to lose their reputation, trustworthiness and clientele. They can never flourish in their legal career.
senthil
(Querist) 31 October 2015
Thanks experts for your valuable time, now i am trying get some senior lawyer's help to negotiate with him. because in this situation i need to save my case first and i don't want to get further problems from him, by filing police complaint or bar council complaint...
Bar council or supreme court should take some necessary action to regulate these problems. For a client it's not possible to file a complaint or case against a lawyer in consumer court, when we already have lot of problems. We common people are coming to court to solve our problems not to get new problems....
Anirudh
(Expert) 31 October 2015
While on a philosophical plane I would agree with the above views of Mr. Dhingra, on a practical point I completely disagree. I can say with my experience, that many of the clients are ready and willing to believe and go after those unscrupulous elements, rather than the straight forward ones. In the process, in the short life span, the unscrupulous elements think what matters is money - which they get and therefore do not bother about the rest of the things like reputation, trustworthiness etc. Each time a new client comes and those clients do not exchange notes with the previous clients and this suits the lawyers!
I have many times turned away the clients by saying they have no case and without even charging for the conference. But, I have seen those clients engaging other lawyers and that too with hefty fees! While I do not get swayed by such happenings, and have no personal regrets, yet this I am pointing out just to show how the philosophical thoughts have no moorings in the present day materialistic world.
Guest
(Expert) 31 October 2015
Dear Anirudh,
I respect your views, but if a man becomes ruthless materialistic, he has to pay in the same coin in his own personal & private life, besdes his professional life, when that becomes his habit and their wives and children also become selfissh at the age when he requires tender care from his so called loved ones. I have seen several such cases during my personal and professional life. Only ethical actions of a person become reqarding at last for him. In many cases his unethically earned wealth becomes his own enemy.
SAINATH DEVALLA
(Expert) 31 October 2015
A bunch of few greedy and non professional advocates in every court spoil the name and fame of the community at large.We have also been witnessing number of non legal members using harsh and parliamentary references against lawyers in general.Though I always dispute such replies from them,we ourselves have been giving a chance for them to talk ill of legal professionals.This attitude of greedy people has to be condemned.
Anirudh
(Expert) 31 October 2015
Dear Mr. Dhingra,
I totally agree with you on the philosophical thought process. I also agree with you that those unscrupulous persons and their family in fact suffer. Despite that, they gloss over such things, and indulge in such unscrupulous activities. Most of the maladies of present day society is due to such materialistic barbarism, if I may say so.
Overall, I agree with your views.
K.S.Srinivas
(Expert) 31 October 2015
Dear Author,
I totally agree with your views. Do not give any complaint to Bar Council as it aggravates the matter. Yes. You have chosen a better way of engaging a senior advocate to negotiate with your advocate and settle the matter. Good luck.
R.K Nanda
(Expert) 31 October 2015
nothing to add more.
