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V Kumar Singh (Executive)     25 March 2022

Lawyer's behavior and fees

Dear Learned members,

In a criminal case, a lawyer I had hired, silently filed an application (without informing me that he was going to do that, or discussing with me about it, needless to say without discussing fees), gave negative result (magistrate disposed it off/rejected it), and now he has sent me a bill specific to this particular service.  Needless to say, his purpose was extracting money from me. Bill amount is not small, approx. (70K). How should I respond to his bill? Am I bound to pay him?

In summary, before filing, I had no information about it; after filing, he immediately sent me the bill.

He is now indirectly threatening me with damage in my case, as well as filing suit for recovery of his fees.

I do not have the sums he is asking for. Please suggest what to do in order to avoid paying him this amount.

thank you.



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     25 March 2022

 

Amicably settle the dispute with him. 

V Kumar Singh (Executive)     25 March 2022

Thanks for reply sir.

But, why not go to bar council ?

P. Venu (Advocate)     25 March 2022

What is the nature of the application made? What were the reliefs sought? Was the application  based on affidavit duly affirmed by you?

Dr J C Vashista (Advocate)     26 March 2022

If you are not satisfied with the performance / behaviour of your lawyer report the matter to the Bar Council where he / she is registered and competent Consumer Disputes Redressal Commission, with all relevant evidences. 

However, there must be conclusive evidences to prove your allegation, otherwise, it can bounce back.

V Kumar Singh (Executive)     26 March 2022

Thank you very much dear learned members for your replies.

Matter 302.

All his prior applications have been negative results. In fact, his representations in court have been meak, to say the least ( not that he is dumb, but very smart, in that he wants my case to become weak and get delayed ).

I had hired a 2nd lawyer.

He files this present application after 5-yr gap  of contact with him.

I did not send him "termination of services" letter to him, as he had indirectly threatened me with damage.
Evidence that I have: He sent me postal letter "AFTER" filing application, along with bill; but 'BEFORE' filing, he did not send me any letter.

Do I have a good case if I approach Bar Council ?

Sanjay Upadhayay   26 March 2022

go to the bar council concerns, firstly, discuss the matter with them, in person,take their advice than proceed.have a friendly local lawyer with you.

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