Timeline and Professional Expectations for Allahabad High Court Writ

628 votes

A Fair Investigation Writ under Article 226 in a missing person case is treated as urgent by the Allahabad High Court. Normal timeline: Drafting 3-5 days, filing within 7-10 days after receiving complete facts/documents. Taking 80% advance i.e. ₹80,000 out of ₹1 lakh before sharing even a draft is not standard practice. Bar Council of India Rules prohibit advocates from charging fee not commensurate with work done. Typically 30-50% advance is taken at engagement, balance after draft approval/filing. Since 1 month has passed with no draft, no filing, and no response, this amounts to professional misconduct and deficiency in service. You should immediately: 1. Send a legal notice via Registered Post demanding refund of advance or filing within 7 days 2. File complaint with Bar Council of UP under Section 35, Advocates Act 1961 3. File consumer complaint for refund + compensation for delay 4. Engage another advocate to file fresh writ - delay in missing person cases can be fatal Keep all payment receipts, WhatsApp chats, and engagement proof safe. The court may also take suo motu cognizance if urgency is proved.

Advocate Shamma Perween LawRato

560 votes

yes there is fee any much like 8000 to 10000 as handling charges paid 80000 to advance of one lakh under article 226 bring the missing person haebus petition no clear response time for drafting takes l 1 week no revised motice

Advocate Spiti Sarkar LawRato

571 votes

In such matters, there is no fixed statutory timeline for drafting and filing a writ petition under Article 226, because it depends on facts, documents, urgency, availability of certified copies, and the advocate’s schedule. However, in a missing person or fair investigation writ, especially where urgency is shown, a reasonably diligent advocate can usually prepare a first draft within 3–7 working days after receiving complete papers, and filing can normally be done within the following week, subject to corrections, affidavits, vakalatnama, annexures, court defects, and listing procedure. If a clear assurance was given that drafting would start by 10 June and filing would be done in the following week, then nearly one month of no draft, no filing, no revised invoice, and no clear update is not a healthy professional practice. Taking advance fee is common in litigation, but taking around 80% advance before even sharing the first draft is not always standard; many advocates take consultation/drafting fee first, then filing/appearance charges separately, or give a written fee note. Since fee arrangements are contractual, the important issue is transparency, commitment, and communication. You should immediately send a polite written message or email asking for: copy of draft, status of filing, filing number if filed, revised invoice/fee breakup, and expected date of completion. Give a short deadline, say 48–72 hours. If there is still no response, request refund of the unearned amount and collect your documents. If misconduct is serious, you may approach the State Bar Council, but first try written communication and settlement because delay alone should be documented properly before escalation.

Advocate Lalit Saxena LawRato

573 votes

You can file the writ, it takes hardly 1 week to draft and file. may the courts were on leave so Advocate could not file the writ. but now it is on. you can approach the advocate or can share the issue , we can resolve

Advocate Hariom Dubey LawRato

907 votes

Timeline: Generally, it takes 2 to 5 days to draft a writ petition and another 1 to 2 days for filing. A delay of one month without any progress is an unusually long time. Advance Fee: Taking an 80% advance before sharing a draft is not a standard practice. Usually, 25% to 50% is taken as an upfront payment for initial work. The full or maximum payment is typically tied to the progress of the work, such as drafting or filing.

Advocate Sapna Chaudhary LawRato