V Kumar Singh (Executive) 27 March 2025

Lawyer fees

I hired a lawyer in a 498A case (signed a vakalatname). He worked for 2 years or so, then I felt he was not working appropriately and was not competent, so I hired another lawyer. The first lawyer sent me a bill, and I paid it fully. However, unfortunately, due to procedures not known to me, I did not send the 1st lawyer a termination letter.

The criminal matter continued, with the 2nd lawyer working with me.

Now, after 4 years, the 1st lawyer filed a petition on my behalf ( based on the vakalatnama I had given to him initially ), and sent me a bill. He filed this petition without informing me/discussing with me.

Now, is behavior of the 1st lawyer:

1 - Legal?

2 - Ethical? and

3 - Do I need to pay him again?

Please suggest.

Thank you.

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7 Replies

T. Kalaiselvan, Advocate (Advocate) 26 March 2025

Sorry, we don't entertain business promotion advertisements here in this forum.

Dr. J C Vashista (Advocate ) 27 March 2025

You have already terminated the power of attorney executed in favour of 1st lawyer according s/he has no locus to proceed / file some other case on your behalf.

Consult another local lawyer for necessary guidance / proceeding against such a lawyer, if your statement is true.

R.K Nanda (Advocate) 27 March 2025

1.No.

2. No.

3.No.

T. Kalaiselvan, Advocate (Advocate) 27 March 2025

The behavioral attitude of the previous lawyer is unethical, illegal and deserves to be condemned besides making a complaint against him before the bar council for the misconduct of the advocate for filing petition before court without your knowledge or signature.

You can inform court that only after terminating his services that you have appointed and continuing the case through a different lawyer hence that petition filed by him has no legality nor was authorised by you hence seek to dismiss the petition filed by him.

You can discuss with your present lawyer and proceed as suggested.

Dr. J C Vashista (Advocate ) 28 March 2025

Is it possible for any lawyer to file a fresh case on the withdrawn authority as stated by author, which is impossible and unbelievable, recheck.

V Kumar Singh (Executive) 28 March 2025

Not "withdrawn." Please Note, I did NOT send the 1st one a termination letter.

Law Student 28 March 2025

There are anomalies in your query. (1) How can any lawyer file a petition without your signature merely based on vakalatnama? (2) How did the second lawyer start working from you without filing a CONSENT FOR CHANGE OF VAKALAT from the first lawyer in the Court? (3) When a different lawyer is working for you now, how did the Court accept the petition from the previous lawyer?

I am sorry to say I find your query puzzling to say the least. Probably you are not stating all the facts.

I feel you are also imagining things such as sending or not sending a termination letter. That is not how things work, to the extent I know.

If what you say is true, please inform the Court immediately either directly or through your present lawyer that the petition filed by the previous lawyer is without your consent. You get it dismissed or you withdraw the petition, because YOU are the petitioner, it does not matter who the lawyer is.

You also explicitly inform the Court in writing that the first lawyer does not represent you any more and only the present lawyer represents you.