My advocate urged me to file suit for adverse possession of some land in my possession for 32 years, and was paid full fee of 70,000 by cheque. I then learnt that such a suit was not maintainable in my area which fell under the Periphery Act and asked her to show me precedent. She refused, saying it was not her job to research, and simply quoted a SC law on the matter. I told her then not to file the suit...within 15 days of issuing the cheque. She now refuses to refund the fee, saying advocate fees are not returnable. Can she claim the fee if the suit is not filed?
You can approach bar council of Madhya Pradesh with a complaint against the advocate for her unethical and unprofessional behavior with documentary evidences to prove your grievances against her.
The bar council will certainly redress your grievances in this connection.
She cannot do this when she doesn't even lnow the law regarding maintainability of the suit. This is a wrongful act on her part.
If she has not given you proper advice and also not returned your fee you can file a complaint to bar council
She should refund the fees if suit is not filed
file complaint against lawyer before bar council in your state
Just as there is legal precedent regarding refund of court fees if suit not filed, is there anything in law that says she must return the fees? She flatly says that Advocate Fees are not returnable. She had filed a legal notice to the government on my behalf at which point I told her not to file the suit as she could/would not give me any legal precedent of adverse possession in the matter.
Fees were paid for filing suit
if no suit is filed at most she can charge you for consultation charges
balance fees should be refunded
I presume you have the bill of lawyer mentioning fees are for filing suit and payment has been made by cheque
As a matter of propriety and professional etiquette the advocate ought to have refunded the fees after deducting her fees for whatever little work she did
Refusal to refund when the client has instructed not to file the suit is a professional misconduct
If she does not refund then you will have to file a bar Council complaint against her for professional misconduct by refusing to return your fees
Begin with a legal notice first to her before filing the Bar Council complaint
There is no such rule that advocate fees are not refundable
It's a matter between the client and lawyer
Hi, If the advocate refuse to refund the fee. It is difficult to get back the same.
1. Your lawyer is right. If you had signed the vakaltnama in favour of your lawyer then she has the right to refuse return of the fee as vakalatnama always contains a clause "After the fee is paid it is non-refundable".
2. If she quoted a SC judgment to support her view then there is nothing more she could do for you. I hope you know that SC judgments are the law of the land and binding on all courts under Article 144.
3. Even on merits, suit for declaration of title on the basis of adverse possession is now maintainable after the recent SC judgment.
It's only not returnable if advocate has worked and client withdrew the matter.
The advocate cannot charge fee for the case not filed.
Therefore the advocate should return the fees after deducting the administration expenses.
You can approach bar council with a complaint against the arrogant behavior of the lawyer who refuses to return the exorbitant fee collected for the case.
Advocates to be the only recognized class of persons entitled practice law. Chapter-V of the Advocates Act, 1961 deals with the conduct of advocates and Section-35 deals with the punishment of advocate for misconduct. The code of conduct and legal action against an advocate is mention in Advocates Act, 1961.Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee.
An advocate can claim his professional fee and expenses before he is discharged from the case. Please do understand that , the client has an opportunity to change his counsel during the pendency of a case and is entitled to leave of the Court to do so. But that leave is subject to the condition that he pays the fee determined by the Court granting leave. In case there is an agreement between the client and his Advocate with regard to the fee on the part of the advocate or where the advocate himself has not discharged the client, leave will be granted subject to the condition that the client pays the full fee agreed upon for the entire case. If there is no agreement between the client and the advocate with regard to the fee payable to the advocate then leave will be sanctioned where the advocate himself has not discharged, the client on payment by the client of such fee which is found reasonable by the Court on the basis of the quantum merit taxing into consideration of all the circumstances.
How much Lawyers Charge?
In your case the advocate did not file any case .So he could not charge fee for the case not filed.
You can also approach bar council and file a complaint against the advocate.
Fee has to be returned after deducting reasonable amount. The whole fee cannot be forfeited.
- If, you have already entered into an agreement with that lawyer after signing the vakalatnama or the said lawyer has already drafted the case on your submission , then you may not get the fee refunded from her.
- However as she has not rendered the services due to maintainability of suit , then she is bond to refund the fee paid by you after deducting the drafting charges.
- If not refund , then you can lodge your complaint before the Bar Association or issue a legal notice.
- Try to settle the dispute amicably.
