We had applied to the high court for a stay for an consent degree. We are agroup of 63 tenants with a registered tenant association. We had applied through a law firm and the stay was granted but at the behest of the opposition all individual tenants have to apply before the stay is applicable on each tenant individually. The court has given us 7 days to file individual applications. Now the law firm had charged us 2lakhsfor the filing and stuff which we have paid, now he is charging us 20,000 per application to file individual applications which amounts to 10lakhs plus. Now can he do that? We had a verbal agreement that the bill would be under 3lakhs. Please advise as we cannot change the counsel on such short notice. We want the applications to be filed and individuals granted stay.
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1) law firm had charged you Rs 3 lakhs for filing application for stay on behalf of registered tenant association
2) if HC has directed filing of individual applications the firm would charge you separately for filing applications
3) verbal agreement is difficult to prove
4) bargain with law firm to reduce your charges for individual applications as facts are the same only name of tenant has to be changed
Mam, the cost tends to increase as 60+ fresh applications have to be drafted and filed ..urge your lawyer to negotiate a little.. If he do not agree contact some other counsel
Hi, Better engage an another advocate who can do your work as per your terms and request the Hon'ble Court to seek extension of time to file affidavit and thereafter you can file the affidavit before the Hon'ble Court.
The fees charged by the firm is exorbitant and without any basi at all.
You Are not bound to proceed with this firm anymore,more so,when it is charging for such a high figure for the petitions which all will be same .
I would advise to change the firm and engage a new one.
In Kolkata the fees structure is not so high.
Feel free to contact for further assistance.
1. There is no fixed price list for jobs to be done by lawyers and the fees vary from lawyer to lawyer, law firm to law firm and also from place to place.
2. You can change the lawyer and the new lawyer can pray for another seven days on the gropund that it is a changed brief and you had made the change on financial ground.
3. Alternatively, you cab request the present law firm to consider their demand of fees and legal charges for filing the said applications.
1. court's order to file individual application is void because according to order 1 rule 8 of the code of civil procedure a group of person or a society or a representative on behalf of others can file suit if cause of action is same.
2. here cause of action is same and if individual can file separate suit they claim same remedy against same defendant and on the basis of same cause of action. so law is framed under order 1 rule 8 to frustrate multiplicity of suit and permit a person to file suit on behalf of other interested person i.e. called representative suit.
3. you should file a revision and challenge this order.
1. Since you say that you had a 'verbal agreement' that the bill would be under 3 lakhs it is not clear if this was to be the fill for the briefing of the case or would also be inclusive of all IAs that may have to be filed.
2. It is but natural that for filing of individual applications the firm/lawyer will charge you separately.
Thank you for your advice. The case is in final stages only final hearing due, so we cannot change consul as a senior lawyer is involved and if we spook the firm he may poison the mind of the senior counsel. So changing firms before the final hearing is not an option. I want to know if there is an regulator to whom law firms are answerable so that we can approach that regulator for help regarding the fees...
1)there is no regulator regarding the legal fees to be charged by lawyer
2)if client is willing to pay the fees quoted by lawyer then they engage his services
3) always advisable to obtain quote in writing . make payment by cheque and obtain acknowledgment of fees paid
If the you change the firm then the senior counsel can also be changed. So there would not be any chance of poisoning anyone's mid.
You can lodge complaint with the Bar Council of West Bengal.
Hello,
No there is no such regulator who keeps an eye on he fee that is charged by the law firm, fee of a firm is the prerogative of the lawyer and no one keeps an eye on it.
Regards
1. Bar Council of West Bengal coming under Bar Council of India are the regulatory body governing the conduct of all the lawyers practicing in West Bengal.
2. If you want to complaint against any lawyer for his/her misconduct, you camn approach the Bar Council of West Bengal having office at City Civil Court, Kolkata.
3. Before approaching the regulatory body you shall have to ascertain the misconduct of the lawyer or law firm against whom you are going to lodge the complaint.
In my opinion, since you people have approached a law firm and agreed to their terms, it becomes your duty to pay them.
The subsequent development by a court order to file individual application is not the problem of the law firm nor there was any agreement including this event or there is no hint about anticipating such an event in the agreement originally entered.
If you are not able to meet the fee demanded by the law firm, you can withdraw the vakalatnama from the law firm and engage another advocate, but what if the newly appointed advocate charges you a similar amount or more than that?
Actually your question lacks legality.
The only suggestion to your query is that you may all jointly negotiate the demand amount and request the firm to reduce based on the payments already made.
The case is in final stages only final hearing due, so we cannot change consul as a senior lawyer is involved and if we spook the firm he may poison the mind of the senior counsel. So changing firms before the final hearing is not an option. I want to know if there is an regulator to whom law firms are answerable so that we can approach that regulator for help regarding the fees...
There is no such thing called regulator.
Moreover your fears that the senior lawyer may poison the other counsel is your imagination.
There is nothing to that extent that your anguish on this shall be answered by any forum.