It is illegal for lawyers to charge percentage of total settlement fees
you are at liberty to change your lawyer
EVM if your lawyer refuses to give NOC you can inform court that you do not want to engage your lawyer services
Settlement case
Hello Sir, I have a criminal case in court where someone took the payment from my father and never gave possession of property. In return he gave checks which bounced back. Case decision is almost in my favor and there is a warrant to arrest the person. It's almost 3 yrs and police is unable to find this person. Recently we heard from this person and he is interested to do settlement. we also want to do so because this case is running in court for past 10 years. The issue is, My attorney is not very helpful. He is against this settlement and not ready to talk to other party's lawyer. We kept same attorney as father had. I have no detail what my father paid him. When I started working with him, he said he will charge 10% of total money which I reluctantly agree. Now he changed his mind and asking 20% of total settlement fees. Not sure by the time settlement will be reach, what will his demand be. I am not very happy with his behavior as well. we are definitely don't want to give 20% and seems like there is no trust between us. What are my option here ? I want to pay 10% my attorney fees + minimal new attorney fees for settlement case. Is it possible to change attorney and settle the case with new attorney? Is there any legal obstacle ? other party is in hurry and we want to settle asap before they changes their mind.
Asked 3 years ago in Criminal Law
Religion: Hindu
9 Answers
No hurry in changing your lawyer. You may clear his fee and engage a new lawyer, who will file a fresh Vakalatnama on your behalf in the court. Your new lawyer can represent you both within and outside the court. No legal impediment in this!
1. If a settlement is reached then an application for compounding of the case can jointly be filed in the court where the case is pending.
2. You are free to change your attorney at any stage of the case.
3. There is no legal obstacle.
You have every right to change him with another advocate.
If he opposes you can inform the court and change him anyway.
Your meek conduct so far may have emboldened him to increase his demand.
Dear Sir,
Yes. You can replace your attorney if you have lost faith or confidence in your attorney to represent you, you have the right to change counsel.
To change the present lawyer you need to take NOC from them or if your lawyer does not want give you NOC or otherwise you still can change lawyer by filling an affidavit of you with the vakalath of new lawyer before the court thereby making your intention of engaging the service of new lawyer at the place of old lawyer very clear to court.
The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one's pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.
Thank you
You should be aware that you are not under the mercy of your lawyer, you can change your lawyer if he is not cooperating properly or if is his integrity is suspicious.
You can deal with the opposite party directly ignoring your advocate after which you can file a petition before the court under section 257 cr.p.c. seeking to withdraw the complaint based on the out of court settlement.
Your lawyer need not be involved in this.
If the court is insisting on the presence of your lawyer you can inform the court that you have terminated his services/withdrawn the vakalatnama given to him and you re appearing as party in person
1. It is not legal to charge percentage of the settlement amount. The Advocate will charge his professional fee only.
2. You can easily change your Advocate by issuing him a letter through speed post that he need not handle your case any further and to return the brief to you immediately.
3. Collect the delivery report of the post from the net and issue a fresh Vakalatnama to your new lawyer with the sole instruction to withdraw the case since the other side has paid the amount.
4. Do not tell the new lawyer about the settled amount or its back ground. His job will be to withdraw the case.
- It is against the rule of legal fraternity to charge a percentage of the outcome of the amount of the case .
- But, the said lawyer having his right to ask for legal fee
- However , if are not satisfied with him , then change with other one , and the said lawyer cannot obstacle in your case and settlement .
- If he is not issuing NOC , then appoint another lawyer and request the court for accepting his Vaqalatnma on the behalf of your father.
You have at liberty to change your lawyer any time. Advocate’s Fee in reference to percentage of the decretal amount is illegal. Rule 20 of Part VI, Chapter II, Section II of the Standard of Professional Conduct and Etiquette reads “An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
If you want to settle the case then you can approach the court directly or helping of another lawyer in the next hearing date and express your willingness. If possible ask the court to send the case to mediation or Adalath
