• Payment of fee to lawyers

I have retained a Lawyer in Ahmedabad for a Civil suit and a criminal case. AT the start we had verbally agreed to pay 50% of the stipulated fee upfromt and that I would get receipts for payments made to him, and also get documents prepared, as soft-copy in PDF format. I had ASSUMED that I would not have to make any payments for another year or so, once 50% fee was paid

I paid the 50% of legal fee within 2 months of the filing of case (via cheque, NEFT) and additional Rs 30,000.00 in cash, for procedural expenses. 

Lawyer has been asking for more fee for the past year since the cases began, although the progress is nowhere near 50%. I have resisted paying him so far. 

I want to know if there is a general NORM followed by lawyers regarding payment of fees, as the case proceeds.

When asked for Receipts for payments, he kept assuring but never gave any. Finally he has sent me Invoices for the payments -- but these invoices do not have any statement saying these payments have already been made.

When asked, the lawyer says that he only raises Invoices for his clients, but never gives Receipts -- claiming that this is the standard practice of all lawyers.

I do not believe what he has told me, I want to know the standard practice (which should be) followed by lawyers in India -- Do they Issue Receipts of Payments made or Not ?

It is also strange that he does not give me soft-copies of documents prepared by him. 

Is he trying (somehow) to erase evidence of professional legal assistance provided by him - to restrict his taxable income , or is just being callous to clients needs ?
Asked 8 years ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

10 Answers

1. There is nothing such as ''general norm'' or ''standard practice". The fee arrangement agreed to between the lawyer and client, whether reduced to writing or otherwise, is sacrosanct.

2. If he had assured receipts for payments he should give it without any hesitation, albeit you do not require one for the amount paid to him through cheque/neft.

3. Which documents are prepared by him, of which you want soft copies?

4. A lawyer should have no motivation to erase evidence of professional work done by him.

Ashish Davessar
Advocate, Jaipur
30830 Answers
977 Consultations

1. If fees is halved into 2 instalments then you are not liable for making payments at this stage.

2. The quantum of fees and the mode of payment differs from person to person and there is no general practice on this.

3. Since the turs issue has finished in this case I would suggest you to change this lawyer and engage a new one and make a fresjh clear line of agreement with him.

4. Nor sharing with you the copies of the case is misconduct on his part.

Devajyoti Barman
Advocate, Kolkata
23579 Answers
534 Consultations

1) lawyers give receipts for payment made by clients

2) as far as fees are concerned it depends upon agreement between parties

3) all copies of documents are forwarded to clients for their record

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

1. You are free to change your lawyer at anytime.

2. A complaint may be lodged against him to the State Bar Council only if he has indulged in professional misconduct, for ex. if he did not appear in the court on the date of hearing or lost/did not return your documents. Mere failure on his part to give you receipts is not professional misconduct as would make him liable to be punished by the disciplinary committe of the bar council.

Ashish Davessar
Advocate, Jaipur
30830 Answers
977 Consultations

1) you are at liberty to change your advocate

2) you can lodge complaint with advocate association against lawyer

3) the problem is you dont have any documentary evidence that lawyer agreed on X amount as fees

4) it is all verbal . lawyer will take the stand that fees paid by you were only for drafting and filing . per date fees would be extra

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

you are at liberty to change your lawyer .

2) request him to return the papers issue NOC then engage another lawyer

Ajay Sethi
Advocate, Mumbai
98931 Answers
8048 Consultations

You can make a complaint against him in BCI if some unethical and immoral practice has been done by him.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

There isd no standard procedure followed by any advocate in this regaard across the country.

It is not a procedural practice that an advocate issues a receipt to all his clients.

The clients can demand receipt for the payment of fees from advocates.

There is no system called giving invoice for the fee paid or payable.

If you suspect the integrity of your advocate you can change the lawyer immediately, but demand for return of fee paid may not be justified because he has already undertaken the services.

If you have any grievances against the lawyer for not rendering proper services or acting against your interest you may prefer or lodge a complaint against the said advocate before the concerned bar association or bar council of Gujarat.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

If dissatisfied with legal services I change the lawyer, can I lodge a complaint against him with the Advocate Association : Will it have any effect ?

If you have observed any gross negligence or irregularities with the lawyer you have engaged, you can prefer a complaint but you cannot make a complaint for the unsatisfied services.

A lawyer cannot be expected to do the services upto your satisfaction.

A lawyer is expected to fight for you in the court of law to the best of his expertise and not to appease you or to satisfy you.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

If dissatisfied with legal services I change the lawyer, I will loose the 50% fee paid to him so far.. Can I lodge a complaint against him with the Ahmedabad Advocate Association. Will it have any effect or the complaint will just be ignored ?

Dissatisfaction of services rendered by an advocate cannot be considered as a ground for a complaint against the advocate.

You may have to look for a skilled and prudent advocate yourself, nobody can display their excellence outside his office to attract any client, and such advertisements are illegal.

You can think about the subject and take a wise decision since you are already into litigation and you should not get involved into another new litigation this way.

T Kalaiselvan
Advocate, Vellore
89133 Answers
2442 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer