Ash 19 June 2016

Lawyer change after signing vakalat

Hi,

I recently met a lawyer and signed a vakalatname form given by the lawyer for representing me in court for a petiotion related to domestic matter.When asked for his fee he is not disclosing any amount but only says that you keep giving me few thousands whenever I ask and complete amount can be told afetr case completion.As I had to apear in the court for summons issued by court on that day I signed Vakaltname and gave him some money for which he refused to give any receipt.

My query is,Since he has not even started working on my case(he has asked me to put remark on every point appearing in the petition and send to him so that he can work on the case) but only given vakalatname form signed by me to court on last court date in which I personally went to teh court

a)can I change my lawer as he dose not give even slight idea about his charges

b)Will he demand any exobarent fee for issuing NOC for hiring different lawyer as I have signed vakalatname even if he has not any started on this case till now.

c)Can lawyer take any fee without issueuing receipt.Are not they suppose to disclose charges for every stage like a)consulting x amount,filing reply to petiotion x amount,arguement x amount.

Request your help .

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9 Replies

KS Johal 20 June 2016

Yes it is important to know about his/her advocacy fees and they should disclose it before doing or committing any form of work.

KS Johal 20 June 2016

Yes it is important to know about his/her advocacy fees and they should disclose it before doing or committing any form of work.

KS Johal 20 June 2016

Yes it is important to know about his/her advocacy fees and they should disclose it before doing or committing any form of work.

KS Johal 20 June 2016

Yes it is important to know about his/her advocacy fees and they should disclose it before doing or committing any form of work.

Ash 20 June 2016

Can I change this lawyer now.Will he ask for any unreasonable fee for NOC.

As I said he only visited court only once for submitting the vakalat form to the court during which I also was present.He has not done any other work like replying to summons,studying the case etc.

I haev not given him any documents related to this case.

How much fee he can he demand at the maximum for his visit to court(his office is nect to the court).I do not want to continue with him as I fear he will demand any amount later in the mioddle of the case and if i ask Noc he may say I have not paid him at all as dosent give receipt.he is having 25 years of exp as per him.He practices in a small citiy in Karnatak.

Please help.

Born Fighter (xxx) 20 June 2016

Before removing him i suggest you insist that he discloses his fees and mode of payment, ...............put your foot down. Then you can take a call.

I dont think your lawyer should have any problem in disclosing this. If he really has 25yrs of experience then i think you are thinking too much. Had you not done any ref check on the lawyer or just hired him bcos he was the first you came across ?

Ash 20 June 2016

Actually i got his number from internet.I had asked for the fee structure many times and he said he always says he can not tell teh charges as they vary depending on the circumsatances of teh case.Niether he says the minimum nor he says the maxuimum figure.

Should I record the phone conversation next time I talk to him.He says send few thousand now to proceed so that he can file reply in the court for the petion(not the actual fee but some amount).he also says he does not give recfeipt for payment received to anybody as a practice and I should change my lawyer if I do not trust him.

What if he does not gove NOC.How much he can charge me for the Vakolat form submition in court which he has done.He has not done anything else till now.

Born Fighter (xxx) 20 June 2016

ur lawyer is behaving as if hes the only lawyer available in this world. If he is really good based on word of mouth / proper references then you tell him what you can afford to pay him as his fees for the entire case. If he agrees its fine or else change him.

Lawyer should be considerate and listen to his clients, if he doesnt then whats the purpose as he will stay adamanant in his approach towards any critical/ important decisions related to your case and at such important stage it will be difficult to change the lawyer.

Dont pay him more than 1000-2000Rs (on a higher note) for merely submitting vakalath nama. Simultaneously no need to wait for his NOC ......you go ahead and engage some other lawyer.....on the next court date you can inform the judge (thru new lawyer) about the change. Legally the current lawyer cannot create any obstacles which please note.

Ash 20 June 2016

Thanks for your repy.

Do I need to be present in the court along with the new lawyer for this purpose or I can ask him to courier/email me new vakaltname form and I take printout,sign and send him back after discussing his fee.Does court accepts this.

I stay in mumbai and court is in Karnatak.