Lawyer fees in NI-138
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
Is it fair and legal for lawyers to ask upfront 10% fees in chq bounce cases? Will any lawyer do the case for Rs 1000/- if chq amnt is 10,000/-? but if chq. bounced is 1 cr then 10% is exorbitant 10 laks as fees! Is there a law/any citations etc., in this regard? Pls help experts ...
R.Ramachandran
(Expert) 01 November 2010
Dear Anonymous,
As already indicated in this Forum in regard to some other similar query, it is to be understood that there is no fixed schedule of fee as far as a lawyer's service is concerned.
It is a pure bargain between the client and the lawyer concerned. If you are not agreeable to the fee, then you have to approach some other lawyer who would agree to the fee affordable by you.
B K Raghavendra Rao
(Expert) 01 November 2010
Profession is such. Level of service depends upon one's knowledge, intelligence, name and fame. Fee is commensurate with one's standing in the Bar. If you are interested you would approach that lawyer or you will have many choices to choose from among other lesser fee quoting lawyers. But, ensure you contact proper lawyer for good results.
Querist :
Anonymous
(Querist) 01 November 2010
Dear Mr. Shashikumar: Can you ensure results? Dear Mr. Rao how do I find out "standing in the Bar"? Pls appreciate the fact that charging on %age basis is absurd bcoz whether it is a 1000 chq or 1 cr chq the AMOUNT OF WORK the adv. has to do is SAME. So it is better we have proper legislation on standard fees for chq bounce cases to ensure fairness for the the litigant who has already lost big money ...
Arun Kumar Bhagat
(Expert) 01 November 2010
Advocacy is a profession and every professional has a right to fix his fees on his own and no one can command over him. Fees of a lawyer differ from person to person like any other professionals viz. Doctor, Engineer, Chartered Accountants etc. If you feel charges are exorbitant then you do not handover your case but you can not force a professional to fix his fee or lower down it as per your convenience. Ram Jethmalani, Arun Jaitley, Kapil Sibbal and other lawyers do not charge the fees what I charge.
Querist :
Anonymous
(Querist) 01 November 2010
I feel that this must change to ensure fairness to the litigant. And, I am talking only of NI 138 cases here. As far as doctors are concerned the fees are standard and regulated by the IMA. The law CAN command anyone and alas! we may not have such a law in our great country that regulates the fees of lawyers.
Devajyoti Barman
(Expert) 01 November 2010
Could you specify how does the IMA regulate the fees of the Doctors?
s.subramanian
(Expert) 01 November 2010
Have you ever gone to any of the so called corporate hospitals in the country and see how doctors are charging.I don't know from where you got information that IMA is regulating the fees of the doctors.
s.subramanian
(Expert) 01 November 2010
It is always open to a client to choose a lawyer who would suit his purse. Why you want to go in for such expensive lawyers. After all it is for the concerned lawyer to fix his fees and demand it. it is his prerogative. Nobody can interfere in it.
Querist :
Anonymous
(Querist) 01 November 2010
FYI excerpt from IMC website:
A powerful argument has been provided by the thirteenth report of a committee of the upper house of Parliament. The committee commented on the arbitrariness in charging fees, failure on the part of doctors to provide patients with details on their fees and the complete absence of transparency regarding financial dealings between doctor and patient. The committee has made a mild recommendation : each doctor should notify his/ her fees to the Medical Council of India and the Council, in turn, should publish such a schedule and make it available to the public at large. The Council is also charged with the responsibility of ensuring that no doctor charges fees more than those notified. Subsequently, the parliamentary committees have recommended a ceiling on the fees charged by doctors and lawyers.
Querist :
Anonymous
(Querist) 01 November 2010
http://www.issuesinmedicalethics.org/032ed018.html
R.Ramachandran
(Expert) 01 November 2010
Dear Anonymous,
You have to live in today's world, not in tomorrow's world. For tomorrow you can dream. Let me pray that your dream comes true.
Whatever you have quoted from IMC website and about the parliamentary committees having recommended a ceiling on the fees charged by doctors and lawyers, please bear with me, no such recommendations have so far been made a law. Unless there is any law on the subject, I answered you to your query that it is pure bargaining between the client and the lawyer. If you are not satisfied with the fee quoted by a lawyer, you have every right to select whomsever suits you. That is all. You have to bargain with the lawyer, and not with others in this Forum who are only answering your query.
Querist :
Anonymous
(Querist) 01 November 2010
Dear Mr. RR,et all: Can you pls let me know where I can get a copy of "Advocate Fee rules" referred to in the blog below:
21 August 2008, 00:45
Srinivas.B.S.S.T
Advocate
[ Scorecard : 9493]
Thank the Contributor
Send PM
Sir the Fee an advocate can charge has
been quantified in Advocate Fee rules. I do agree with all the other
points raised by you. But as far as i am concerned I am in a
view that an advocate should never demand fee from his client. If his
services are upto the satisfaction of the client, he himself
voluntarily will pay the fee. Dont you think so Sir?
kartikeya
(Expert) 01 November 2010
haha, nice topic by anonymous :P if you are talking about fees then there is always negotiation between client and lawyer. it depends on the lawyer you gonna hire. when you go to roadside dhaba you dont have to pay much but when u visit five star hotel you are payin Rs 500 or more for just a cup of tea. at that time you guys think that its ur status. always people consider that lawyers are charging more and do nothing and it can be done by u also but if lawyer commits juz a mistake of one word or one line in the plaint /case he can loose the case the case turned . we charge for every word and line we draft as its not that easy work as it seems. we have to refer different laws , judgements , cases etc. so Mr.anonymous if you need good work you have to pay for the same as no meal is free in this world...
R.Ramachandran
(Expert) 01 November 2010
Dear Anonymous,
You can get the copy of the Advocates Fee Rules of each of the High Courts either from the website or by approaching the Court, or by applying under RTI.
The Advocates Fee Rules is being framed by the respective High Courts by virtue of the power granted under Artice 227 of the Constitution and also in terms of Section 27 of the Legal Practitioners Act, 1879 and Section 34(1A) of the Advocates Act, 1961.
I must inform you, that these rules were not intended for fixing the fee payable to the Advocates by their clients. But the fees fixed under these Rules, are the basis for ordering by the courts, the fee payable by the adversary in the Courts wherever costs are imposed by the Courts
against a party at the end of a proceedings.
Therefore, these rules govern the Courts rather than the Advocates.
As far as the fee that can be charged by the Advocate from his client is set out in the Bar Council of India. The chapter on "RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT" attached hereto for your ready reference.
If you have any further query, please feel free to ask, and I am bound to clarify to you.
Querist :
Anonymous
(Querist) 01 November 2010
Dear Mr. RR:
I am grateful to you. You are the only one who admitted that atleast a bargain was valid while most others stoutly defended that they could charge their hapless clients per their caprice! Anyways, my original query related to %age charge in chq. bounce case only. It is clear that no adv. may base his fees on such percentage based on outcome of case. Point 10 of RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT:
10. Not charge depending on success of matters
An advocate should not charge for his services depending on the success of the matter undertaken. He also shall not charge for his services as a percentage of the amount or property received after the success of the matter.
I guess now that I have got my answer. Please correct me if I am still mistaken. Amen!
Querist :
Anonymous
(Querist) 01 November 2010
Hmmm, a roadside dhaba can give you cholera but at least there will be no flies in a 5 * ambience ...
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 November 2010
There is no satisfaction to doubting thomases.
You want to buy a lottery ticket after looking to results. This is not possible.
With results mean efforts. There is no finality in law for any decison till you go to SC and later to law makers.
And those who constantly hassle about fees should forget about getting any worthwhile action from the legal system.
A. A. JOSE
(Expert) 02 November 2010
I thank Anonymous for opening up an interesting topic which is not only sensitive but also dear to most of the Lawyer friends. While I entirely agree with Anonymous that it is high time for the authorities to regulate the fee structure of Lawyers, it is a fact that no such uppper or lower ceiling has been prescribed as far as Lawyers' fee is concerned. Unless and until the legal system of this country is within the reach of the common man, we cannot ensure social justice to the citizens of our great democracy. Therefore, selfish interest of the few has to be sacrificed at certain level for the cause of larger public interest.
Everyone connected with the legal system owe an obligation to the society at large for imparting justice to needy ones and to that extent one cannot be given such a liberty as would prevent or deny others right for legal remedy, even to a remote extent. Comparison of roadside Dhaba with the Legal profession appears to be too much to be digested when one considers that legal profession is a noble one.
I pray and hope that the day will not be too far when the Lawyers fees are also regulated and that the common would not be turned away from approaching our courts of law because of his inability to bear high cost of litigation.
Thanks a lot to Anonymous and all other friends for such lively discussions.
Parthasarathi Loganathan
(Expert) 02 November 2010
Superb piece of argument. Worth preserving. I truly appreciate the spirit of the querist who should be admirably clarified by the learned brothers. If fees is fixed by any authority it would lead to a scenario that clients would be billed with contents describing Sections and names of Enactments and rates will be fixed accordingly. That must be horrendous.
Everybody will agree to the fact that any Professional Expertise is invaluable and can never be priced. Thanks to LCI for hosting such a healthy debate which would stand as an eye opener to many.
