Lawyer's claim to percentage of amount mutually agreed between spouses


Religion of both spouses Hindu .Wife files divorce petition . Husband does not contest but asks for return of monies entrusted to wife for Fixed Deposit Savings } Wife agrees and pays back the amount at the time of signing the Joint Petition for divorce in the Family Court } Though there was no Recovery OP filed by the Lawyer and the money was returned by mutual consent, the Lawyer is claiming 10% as Fees. Is this allowed?

Answers (3)


335 votes

hai,

interesting and rare query, to be frank. regarding money matters there is a prescribed format for claiming money decrees or claims. But most of us used to claim fee stepping away from it. In fact there is a common practise of claiming the fee as 10%, I have heard of some even claiming more than 20 %and 25 % as fees. Sincerely what i used to do is usually get a considerable amount taking into account that the same is acceptable for client also.
Do a thing, as settlement ask your lawyer to claim as per Rule 6 of Advocates Fee act.`

Hope am upto your query


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77 votes

A lawyer can collect fees as per Advocates Fee Rules or as per the agreement or understanding with the clients. The party need to pay the expenses and the agreed professional services fee. This opinion is general in nature.

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77 votes

There is no fees Limitation in Advocate act,1961.
1. A Lawyer’s fee depends upon his experience.It is understood and expected of a good lawyer to charge more fee compared to any other decent lawyer. A well-established lawyer might even take fees per hearing which he will make in the court. For every draft, every application, he might charge a hefty amount. And there is a reason too for this.
2. A lawyer’s fee depend on the financial status of the party fighting the case.

If you think the fee is high talk him directly before entrust the file.Or search pother lawyer.

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