Civil Recovery Suit - Lawyer Fee
2 years ago
Is it legal to pay lawyer fees as a percentage of amount recovered in Civil Recovery Suit for Salary?
Tanmoy Chattopadhyay
Responded 2 years ago
A.Without going into the legality aspect of the matter it is not ethically correct that the lawyer should charge on percentage of recovery more so because lawyers are not there to decide your case but only there to present the case from your perspective and this may get affected if such methodologies are adopted by learned lawyers. Nevertheless it is upto the bonhomie that the lawyers and the client share that would ultimately have a bearing on the ways and means to get the fees of the lawyer satisfied.
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Sidhaarth
Responded 2 years ago
A.As such law does not provide for payment of fee of a lawyer on commission basis. Lawyers are not commission agents so it is neither legal nor permissible to pay lawyer fee as a percentage of amount recovered in civil recovery suit.
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A.Hi,
In India, the amount of money a lawyer charges a client is largely unregulated. The laws controlling attorney's fees are simply recommendations, and money claimed in excess of the rules' restrictions is not illegal. As a result, it is not prohibited by law, although it can be challenged if it is astronomical.
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In India, the amount of money a lawyer charges a client is largely unregulated. The laws controlling attorney's fees are simply recommendations, and money claimed in excess of the rules' restrictions is not illegal. As a result, it is not prohibited by law, although it can be challenged if it is astronomical.
Thank you very much. Please give the answer a rating.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
In India, what a lawyer costs a client is generally uncontrolled. The regulations governing attorneys' fees are only guidelines, and money claimed in excess of the limits set by the rules is not prohibited. Therefore, it is not barred under any law but can be contested if it is astronomical.
Thank you. Kindly rate the answer.
In India, what a lawyer costs a client is generally uncontrolled. The regulations governing attorneys' fees are only guidelines, and money claimed in excess of the limits set by the rules is not prohibited. Therefore, it is not barred under any law but can be contested if it is astronomical.
Thank you. Kindly rate the answer.
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Vaidehi Samant
Responded 2 years ago
A.As per Advocates s Act a lawyer is supposed to charge his clients in consistency of legal services offered and work done in the matter so ideally a lawyer cannot ask for certain percentage of the amount recovered but a client at his own will can gift the same to the lawyer as appreciation if client wishes to but it is something between lawyer and client unless disagreed or disputed and even ethically it's wrong to ask for percentage of recovered amount from the Client as fees by any lawyer but it is between lawyer and the client till it is disagreed and such claim of lawyer is disputed by client. I hope this clarifies your doubts. Thank you.
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If you have found this answer helpful than provide review and give***** as appreciation.
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Nikunj Chunilal Gada
Responded 2 years ago
A.It is improper for an advocate to demand or accept fees on percentage basis. In one case Hon,ble Supreme Court mentioned that the advocate’s fee based on a percentage of the result of the litigation is illegal and should not be entertained.
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