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(Guest)

To win cases--Best Fee pattern Offer to advocates

 

If a client wanna win a court case--what is the best fee pattern which should be offered to the advocate by him ?

If the client will pay the whole settled amount in advance to the advocate ,the advocate may  become careless and during the case period if the clinet wanna change advocate the excess payment gone may be a waste.

If the client will pay date wise,the advocate might be interested in getting more and more dates only ,the advocate might have no interest in getting the case concluded timely and he might also have no interest in winning that case.

If the client agrees to pay  to the advoacte a certain amount in certain installments  for the whole case,that settlement also does not help much in keeping the advocate motivated for winning a case.Because advocate might take the installments on certain point of time and there is nothing which could drive hi motivation for winning that case.



What is the best fee pattern offer to keep an advocate motivated till the goal of winning the court case is achieved?

Please suggest.




Learning

 7 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 July 2010

every case is different and different fee structures for them.

some may be long proceeding and some may short.

Bhartiya No. 1 (Nationalist)     14 July 2010

Except in district towns, in most of the HCs they take one time in advance including everything, but after one year some advocates start asking for more, and this goes on as the case prolongs. In HCs most of the clients used to be out of town so they too prefer one time. Winning is not guaranteed, since someone has to lose. Some of the advocates r overloaded and they fail to concentrate on cases.

The biggest problem is defection to opposite parties by taking hefty amount from other party, in this situation either they weaken the case or just throw your in the dustbin. Infidelity is biggest problem and respective BAR council must take serious note of this and also must take disciplinary action against them. Since this has hopelessly lowered their image in general.

 

“The one great principle of English law is to make business for itself”. Charles Dickens

"Litigation: A form of hell whereby money is transferred from the pockets of the proletariat to that of lawyers."

The houses of lawyers are roofed with the skins of litigants.  ~Welsh Proverb

A lawyer is a gentleman who rescues your estate from your enemies and keeps it for himself.  ~Lord Brougham

1 Like

Daksh (Student)     14 July 2010

Dear Madhuji,

Like economic fundamental of demand and supply it is the reputation earned by the Advocate who toils day in and day out in his/her chamber, court rooms, library, conferences and meeting with clients which signifies his ability to devote time and resouces.  Like Doctors are able to treat the patients after getting the details of symtoms of disease by conducting tests and explanation given by the patients like wise an Advocate also needs time, patience, experience and tact to come to a logical conclusion on how to conduct a case.    Evidently the clients come to the  Advocates either referred by some one or on the basis of expertise earned by him/her at the Bar subsequently unlike any other professional it is the prerogative of the Advocate to seek charges for devoting his time and resources for the same.

Like a patient seeks opinion of different Doctors the litigants also seek opinion of many Advocates before engaging a particular one.  There is one more catch some of the Advocates are good in research work and drafting and others are good in court craft and have face value the litigants now a days resort to segmentation of litigation as such also. 

Last but not least personal and corporate litigation and role of the seniors is also important in today's litigation strategies.   On the basis of above facts it is very very difficult to generalize the fee fixing mechanism as along with payment of fee the issue of delivery of quality professional service (if possible with value addition) is the need of the hour.

Best Regards

Daksh 

Daksh (Student)     14 July 2010

Madhuji,

Ooops I forget to mention the word "faith" which is a important litmus test and more than monetary remuneration the genuine thankfulness of the client which makes him to trust and come back in the need of the hour is the most heartning and motivational thing for any professional (including an Advocate).

Best Regards

Daksh

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     15 July 2010

One should keep trust upon the lawyer. A reputed lawyer would not do such type of acts only for money and spoil his/her reputation!


(Guest)

The above replies to the query are not to the point. Mr.Madhu, I would rather appreciate the wordings of your query in taking opinions from lawyers themselves. It is my suggestion that you may retain a part of the fees till the case reaches the arguments stage. Or if the fees is already paid while handing over the case to a lawyer, you may motivate his lawyer by offering "a mithai" (some extra compensation) if he completes the case fast. Of course, if the otherside lawyer drags the matter with the support of the Court, then your lawyer cannot be blamed. All is that your lawyer should be present in all the hearings and atleast object for adjournments, so that the judge will understand who is for and who is against in disposal of the case and would come to your rescue by granting only a very few adjournments. ("You" indicates "a client").

1 Like

(Guest)

Mr. Gurunarayan, of all the answers here I feel yours is the best.I use the similar technique with my lawyers.I pay them a good amount for preparation of a case i.e. for doing good research before filing petition and then a fix amount on every date but then  A VERY GOOD AMOUNT IF THEY WIN THE CASE BUT ONLY IF THEY WIN OUR CASE.And to be honest this way we have won our all cases.

Suggest if feel that some thing more can be suggested.


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