Advocate fees payment for matrimonal case
27-Feb-2025 (In Family Law)
Hi,
I am an NRI and hired an advocate to represent me in the court in India for challenging the case transfer filed by wife. I agreed to an amount X with the advocate. I made payment of a percentage of this X amount when vakalatnama was filed by the advocate. On the first hearing the court decided in favor of my wife. My advocate didn't file any petition yet and now asking for me to pay the remaining amount.
I wonder what if I don't pay the remaining amount considering the case is closed
Client - Counsel relationship is a trust and honesty based relationship. Once an agreement as to work and payment is agreed to, orally or in writings, both the counsel and the client should stick to it, no matter what the outcome is.
In your case if the counsel is overcharging against what was discussed you can skip the payment. However if you promised a certain amount and the work was done despite the outcome against you , ethically the fees must be paid. However if not you can choose not to pay the fees and fight it out peacefully.
If your agreement with the advocate was for a fixed fee irrespective of the outcome, you may be required to pay the remaining amount. However, if the fee was contingent upon specific work, such as filing a petition, and the advocate did not fulfill that obligation, you can negotiate or request a reduction.
Dear Client
I think that you are talking about a transfer petition before the honourable Supreme Court of India regarding the transfer of your one of the family matter case from one state to another and your wife filed the transfer petition as she was the petitioner in the case.
As the TP is now disposed, your agreement with the advocate is over, so you are not in obligation to pay more, but if you were made a agreement regarding the full or final payment of the case then it is a moral duty to fulfil the that agreement.
Feel free to reach me out for further help .
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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