Why Advocates do not issue receipts generally ?
Radhey
(Querist) 08 October 2010
This query is : Resolved
Generally,as I have experienced ,Advocates do not issue any receipts to their clients for the various service they render to the clients.And mostly the fees tken by them are in cash only.
Should not it be made mandatory for advocates to issue receipts to their clients for each and every service ?
Thus cleints would be always assured that they could never be challenged by their advocates for fee,if any rift arises between them and the their advocates.
This step would make advocacay more transparent.
What the learned members would suggest for the skae of public welfare ??
Daksh
(Expert) 08 October 2010
Mr.Radhey,
It is a mutual contractual relationship based on the goodwill and faith. Who says that it is not mandatory for Advocates for issuing reciept of money for rendering professional services. But somebody has to ask for it otherwise the presumption is that the client is not intrested in the same.
It is vice versa also your query can be better answered if the client are equally assertive and conscience towards clearing the modalities of client Advocate relationship. What you are saying is a welcome statement but the big question is whether it is feasible or practical.
Last but not least in a nutshell the whole problem can be saved if the payment is made by cheque as is mostly done with law firms so as to have transparency against bill of service.
Best Regards
Daksh
Daksh
(Expert) 08 October 2010
Mr.Radhey,
Ooops I forget to point out whether the client/s will be willing to pay some enhanced sum which might cover the service tax component - I think the answer is evident.
Best Regards
Daksh
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 October 2010
Clients forget while complaining against the advocates that it is relation of trust, if you have no trust how the advocate can deliver .
pawan sharma
(Expert) 08 October 2010
Most of the Advocate issue the recipt of the payment but as per peactice it is not possible to pay every recipts.
Radhey
(Querist) 08 October 2010
First I thank the lernd.members,who participated.But I am srry to say that i m not convinced.
(Esp.for Sarvesh Ji)Like i do not see that it is not practical to issue the receipts for legal services of Advocates.If receipts could be issued for any other business so the same could be issued for legal services also.
Radhey
(Querist) 08 October 2010
For Shashi Ji,
Sir,where did U see that I am complaining against my advocate?
And where did U see that I have said that the clients should not have trust in his Advocate ?
Do u see that if a client asks for receipt,he does not have faith in his Advocate or he is complaining against his Advocate??
Radhey
(Querist) 08 October 2010
For Pawan Sharma Ji,I am in Delhi,Capital of our country,fighting different cases since last more that 10 years, have hired and fired many advocates,but never have seen that Advocates issue receipts to their clients in General,what to say of other part of our country?
So srry do not agree with U also.
Radhey
(Querist) 08 October 2010
For Daksh Ji,
Sir,there may be of course many clients ,who would not be interested in getting receipts due to extra burden of service charges,but there may be many many clients ,who may be in paying these charges and getting proper receipts form their advocates.Both type of people may be there as while buying any other commodity or service some get receipt some do not.So it is wrong to assume that mostly people would not opt for receipts.
For example , people do not buy Term policy,which is the only life insurance, because they are not clearly informed,guided about the benefits.If guided,they opt for this plan,mostly.Similarly if guided,they may opt for payment on lawyer's receipts mostly.
And by making it mandatory ,i mean to develop a system as Advocates can not appear on behalf of a client without Vakaltnama,similarly they should not be able to appear in court without submitting the copy of the receipt of legal fee taken from the client.
Or U can suggest some other measures also, the purpose is to make the system as much transparent as much possible.
Ajay Bansal
(Expert) 08 October 2010
ADVOCATE SHOULD GIVE RECIEPT TO HIS CLIENT IN CASE HE TAKES FEE IN SHAPE OF MONEY.
Parthasarathi Loganathan
(Expert) 08 October 2010
To divert from this issue. I would pose a simple question. How many doctors who are dealing with the life of their patients give a receipt for the fees collected? Even leading recognized hospitals manipulate the medical bills.
Sri Vijayan.A
(Expert) 08 October 2010
Mr.Radhey,
If you really have hired many lawyers, you know the reasons very well.
The Experts here may not have hired such much lawyers.
So the answer for your question you know better.
Radhey
(Querist) 09 October 2010
For Mr. Parthasarthi,
Sir,
I have read Ur replies so many times,I admire U a lot.
But this time ,U have posted something,which does not seem convincing.
A wrong doing can not be supported by another wrong doing at all.
Radhey
(Querist) 09 October 2010
For Mr. Ajay Bansal,
Sir,Advocates take their fees in shape of money only generally,they should issue the receipts to their clients,of course but they are not doing this in general,hence this query.
Radhey
(Querist) 09 October 2010
For Sri Vijayan,
I am no lawyer,I am a client of different Advocates.I may be knowing a lot many things from my past experiences,but it does not mean that I know more than Advocates,and it is also not necessary that what I feel about a certain issue, is the last word on that issue.
And I feel, U also understand this, hence Ur answer does not make anything clearer.
No offense,only discussion,please.
s.subramanian
(Expert) 09 October 2010
I would like to opine ,as I am the legal adviser for many corporate bodies and Income Tax Department, that none of them make the payment of fees without taking the bills and the receipts from me. Otherwise they cannot account for such payment. Where payment of big money as fees is involved,it is not done without taking the receipts.
Silabhadra Sastry Advocate
(Expert) 09 October 2010
I would like to clrify that who says advocates do not give money receipts?We do give bill and money receipts, being asked by the client,also we do give our PAN no to deduct the TDS.But unless it is being asked by the client, no advocate gives any money receipt/bill to the client as it is a matter of mutual trust.More over it is not practicaly possible to issue money receipts when the client pays in the court/bar association , as we have not opend any shop with some item having printed value.I have experienced in interim matters like Bail / Injunction /Stay the clients used to say what ever amount you like I will pay( by that time the lawyer is God for them),but after the job is done then they starts bargening saying that they know such and such person,as normally not done with any other proffeesional or even in shops.Further seasoned litigants those who frequently changes their advocates ,they normally used to dout the intigrity of every advocate,rather they pay very lees and talk much about law and lawyers,but the clients those who pays well,they never ask anything, as they know there work will be done properly.So its all about the practice,there is no hard and first rule paying or issuing money receipts,I must say there may be few advocates praticing dishonestly but most of the lawyers those who are true proffessional they do maintain tranceparency and intigrity.
Advocate. Arunagiri
(Expert) 09 October 2010
You have not stated whether you have demanded for the receipt from the advocates. Only when there is a refusal you have point of discussion.
I would like to say that many of the clients dont want a receipt at all, because they dont want to show it account the same.
It is true that the corporates are issuing the fees to the Advocates after getting the receipts. But, the individuals are not demanding the receipts.
There is no problem in issuing the receipt, no way it is going the affect the advocate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 October 2010
Radhey ji do you agree that the relation between the advocate and client is of trust, so what is there in reciept or no reciept.
Parthasarathi Loganathan
(Expert) 09 October 2010
I never justify any wrong doings. But the issue is at the grass root level it is seen that issuance or non-issuance of receipts is dependent upon the literacy and awareness of the consumers. Many do ignore this aspect as they treat it as a mere ritual. Hope the author would concur to my point
ashish lal
(Expert) 10 October 2010
I agree with Mr. Parthasarathi Loganathan. My experience with a majority of clients ,other than corporate,is that they are neither interested in getting receipt or get into proper fee agreement. But I think fee agreement and issuance of receipt should be made mandatory so that proper fee structure could emerge.
Parthasarathi Loganathan
(Expert) 10 October 2010
Some specific standard format for receipt must be prescribed in the Advocate's Act too to resolve many fee related disputes. BCI can initiate steps in the right direction as the querist concern is very genuine. On many occasions when the counsel expires, his legal heirs too find it very difficult to recover the pending fee dues receivable.
Radhey
(Querist) 10 October 2010
For mr.S Subramanian,
Sir,U are a very much knowledgeable and prudent person,I have noticed from your replies.
Sir,u may be right here whatsoever u are telling,but I was not talking in relation of Advocates and corporate sectors here.I am talking in relation of general clients(clients from the general Public) and Advocates.
Radhey
(Querist) 10 October 2010
For Mr Shilbhadra,
Sir ,here I have nowhere doubted the integrity of Advocates in general.
And I disagree ,where U have said that we have not opened a shop,selling something of print value.
And U have stated that cleints do not pay the settled amount after their work is done.Sir,to save both the parties(clients and Advocates),I am suggesting that as so many things are settled in Vakalatnamas,similarly a fee agreement should/must be signed by both the parties(clients and Advocates)and in that agreement every thing be made clear that on what point of time, what amount would be paid by the client to the advocate. And receipts be issued by the Advocates duly to the clients.In this way this problem can be sorted out forever.
Radhey
(Querist) 10 October 2010
Mr.Arunagiri,as u have said that clients are not interested in getting receipts because they do not wanna show it into their accounts ,the same may be the case with Advocates also,they might be taking such a good amount of fees,which they might not be willing to show in their accounts.
See,there are both type of possiblities.
That is why,I have suggested that a certain kind of fee agreement should be made and in that agreement every thing be made clear that on what point of time, what amount would be paid by the client to the advocate. And receipts be issued by the Advocates duly to the clients.
This agreement should mandatorily be signed by Advocate and clients both and that be filed with Vakalatnama.
And receipts be issued by the Advocates duly to the clients as prescribed in the fee agreement.
Thus that both the parties would be more convinced in fee matter.
Radhey
(Querist) 10 October 2010
For Shahsi Ji,I do believe in having faith in my Advocates---but sir,there is saying in Arab--Have full faith in Allah but before sleeping tie your camels properly with Nails.
Radhey
(Querist) 10 October 2010
Mr Parthasarthi and Ashishlal Ji,
From both of yours replies and discussion up to now, I have concluded that there is an urgent need of bringing into practice a certain kind of "Fee Agreement" in Legal profession and in that "Fee Agreement", this issue of issuing receipts also be addressed.And this should not be an optional but a mandatory move,this way interests of both--client and Advocate-be addressed more reasonably.
Further comments please...
Parthasarathi Loganathan
(Expert) 10 October 2010
Thanks Radheyji for your sincere attempts in analysing the replies of every participant. Hats off! Legislation is the need of the hour to address such long pending issues in the best interest of society at large.
Radhey
(Querist) 11 October 2010
Thanks a lot to all of my friends,lernd.members here,thanks a lot again.
Basavaraj
(Expert) 15 October 2010
So much discussion
Radhey
(Querist) 17 October 2010
For Mr Basva Raj---what is wrong or right in this "so much discussion"--U have not specified--better would have been Ur contribution,if U had specified that.
Sarvesh Kumar Sharma Advocate
(Expert) 08 October 2010
