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(Guest)

Divorce charges by my lawyer

Hello,

My name is Mamta and I am from Bangalore. I was married in 2012 with an NRI. We haven't been living together for almost 3 years now, the marriage ended just a few months post the wedding. 

I applied for divorce a few months ago and my lawyer is charging me INR 50,000 for the whole procedure. Plus double the amount if as per him he manages to settle the case within 6 months and 7.5% of whatever the settlement amount I manage to get.

Is this normal? or my lawyer is overcharging me?



Learning

 15 Replies


(Guest)

dear, that looks little high and greedy and i see signs of crooked settlement here...dont rush in hiring a lawyer as there is a saying.. "find the right doctor, 90% of the issue is cured...similarly, find th e right lawyer, 90% of the case is done.

based on my experience in this forum,no one comes forward to share the details of the fees and you will just get a vague reply saying "IT DEPENDS ON EXPERTISE" ...

SRISHAILA.DHARANI (Advocate&consultant)     07 December 2015

The fees charged by lawyer may may be correct. Again it varies from lawyers. As for as other things are concerned, are against professional ethics and no lawyer will charges like that. You better change the lawyer and if don't agree to give back the file, pls give the complaint to the bar council. They will help you. He is not doing a lawyer's job but may be he is cheating the common man. Srishaila, advocate, Bangalore, 9741425514

(Guest)
Thank you for your prompt reply. Well I have paid my share of 50k already and i went ahead with him since I wasn't able to find anyone and wanted to get rid of this whole thing asap. He's good no doubt but yes I do think he's charging way too much. I don't think I have a choice now but pay him the promised remaining amount :(

(Guest)
Thank you for your prompt reply. Well I have paid my share of 50k already and i went ahead with him since I wasn't able to find anyone and wanted to get rid of this whole thing asap. He's good no doubt but yes I do think he's charging way too much. I don't think I have a choice now but pay him the promised remaining amount :(

(Guest)
Please report this matter to your State Bar council and find some other lawyer. The type of offer that person has made is clearly professional misconduct. Please go through code of conduct for advocates on internet it was prepared by our Parliament and Bar council of India for benefit of advocates and litigants. After doctors legal professions is most respected and critical profession. WE expect members of this fraternity to put best example of professionalism and ethical conduct before society. Since you are a woamn and it is divorce matter you your self can appear in a family court/Mahila (woman court). Just prepare your complaint giving all facts and get it finished through a junior advocate and present yourself. If you will stick to truth and your case is genuine for divorce you sure will get justice and fast from honorable court.I am sure you can find many good lawyers who will take your case at reasonable price you can afford.
1 Like

(Guest)

This is very sad that you have faced such odd situation.More and more persons arereporting this type of situations which is casue of concern. Litigants should  make a contract note with lawyer when they hire servcies and mention  his assignment and fee and how to be paid. Receipt is a must unless payment is made by cheque. Payment should be preferably made by cheque.IT should be paid prorata with progress of case. Litigants can search and find rates fixed by their state government for various jobs of advocates at jurnior and senior levels for lower courts to supreme court. This will give them rough guide to fees charged. WE have already written to BarCouncil and Ministry to Law & Justice to bring amendments to regulate  legla profession more strictly and also to break monopoly  given under Advocates ACt   by allowing close friend or relative who has 15 years any work xperience and a graduate to appear before  and who is not appearing in other courts anywhere in india on some oen else behalf. In fact there is already provision in CPC to allow appernce of a non advocate and litigant may move court for permission  for such facility


(Guest)

No there cant be fixed fee for any professional service. Assigments and experience variesd. But there is constituional guidelines for all. Speedy and fast justice at affordable cost.Bar council of India has framed very strict rulkes for pracycie as advocate. But the control comes at distrcit level associations. There is a problem of regulatory efficiency. Most of assocaitions arebase don vote based elections and so pressure groups are there. This has weakened the ability of executive committee to enforce code strctly.

There are many quacks in legal profession like all professions. 

I know so many good lawyers who arevvery professional, talk so nicely and conduct them selevs with dignity of a lawyer. There aremany who have taken their licence for granted AND ABUSE THE MONOPOLY UNDER section 26 OF advcoates act. 

In India we cant allow business out of healtcare ,law and teaching professions. But as our CJI and supreme court benches have repeatedly remarked in judgemtns the profession has been degraded by many alwyers . They not only charge more but move out of cases. 

IT is time government wakes up. Monopoly of advcoates to appear should be broken. More liences should be given by Bar asscoaitons and a perfromnace measurement system should be installed to see every 3 year performnaceof advcoates in terms of number litigants complaints ( To be made online)  , number ofn cass won and lost and average time taken for fincihing case. Lower 10% advocates should be removed from Bar permnantly. Refusing to issue fee recipt, asking percentage, not appearign in court on date and cheating client in any formk and comproimising with her case should be made cognisable offenses with atleast 3 years imprisonment aND REVOKING LICENCE. tHERE SHOULD BE EVERY 5 YEARS TRADE TEST TO RENEW LICENCE AND SEE ALL ABOBE PERFROMNACESTANDARDSS.

See my article in article menu in my profile. Wehave sent this copy to BCI and Ministry of Law and Justice and Law Commission

Now coming to fee levels. Like all profesions advocates are also classified as normal or junior ,senior and eminent lawyers

But this desigantion should be givencarefully after seeing contribution and success in profession.

If you want to get a guideline to fees, visit online the state govverements rates fixed for their empanelled advocates for various level of work and courts. That is best guide.

You can ADD 10-20% MORE FOR PRIVATE CASES.

CONSUMER AWARENESS AS PUBLISHED BY GOI ON TV AND PRESS "JAGO GRAHAK JAGO"also applies here and for medical practcie and education too. Kejriwal Government has tightened up schools. So why not legal profession

IN NO CICUMSTANCES WE CAN ALLOW LAW ,MEDICINE AND TEACHIGN A COMMERCIAL BUSIENSS. Even in businesses GOI and state government have legal powers to intervene on quality, management, malpractices and prices.

 

WE hope detailed reply has been given to your query and of so many other litigants.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 December 2015

Now she can't go back.Already fixed a lawyer and paid him the demanded fee.The fault of her's is that paying the entire demanded fee in a lumpsum.But whatever it is Dear Querist,better concentrate on the case,assist UR lawyer and keep attending the proceedings.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 December 2015

Levy of contingency fee is prohibited by Indian law.   Contingency fee is determined on the basis of the future outcome of litigation.  The fixation and levy of fees on the basis of the amount of compensation in accident claims would, therefore, be illegal.  This, in turn, creates pecuniary interest for the lawyers in the subject matter of litigation which in itself would negate objectivity and professionalism. 

b.goheel   07 December 2015

every one is free to charge whatever seems fit bt it is fr the one to decide whether to get the product or/ service at the quoted price like wise the other terms.

assuming this deal is verbal and hv no proof.


(Guest)

b.goheel   08 December 2015

to get vanished of queriest in middle of query is strange.

SAINATH DEVALLA (LEGAL CONSULTANT)     08 December 2015

The Author has already deleted his/her account,so the replies could be concluded.

T. Kalaiselvan, Advocate (Advocate)     16 December 2015

There i no reason for a lawyer to charge exorbitant charges besides his normal fee that has been paid.  The subsequent dealings with the client seem s to be unjustifiable.  Well, if you do dont have any hard feelings about it, then it is your call, you should not have approached this forum seeking suggestions to improve the situation. 

You have been suggested to change your lawyer but you seem to have been committed to him by paying entire fee and are ready to pay more he demands, then what else advise you seek from here.


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