February 25, 2019:
HC directive comes while adjudicating a case between a client & lawyer over fee.
The Delhi High Court has directed the Bar Council of India (BCI) to consider framing guidelines prescribing the manner of charging professional fees by lawyers.
In a verdict passed on February 15, Justice Prathiba M. Singh has directed BCI to consider creation of a resolution mechanism including appointment of an external Ombudsman to deal with any complaints from litigants in respect to professional fees charged or practices adopted by lawyers.
“The standards of professional conduct & etiquette which are prescribed in the Bar Council of India Rules do not lay down any guidelines for charging of fee by lawyers,” the High Court said, adding, “There is a severe gap/lacuna in the rules which could lead to harassment & frustration of litigants, as has happened in the present case”.
Client vs lawyer
The High Court was adjudicating a case between a client & the lawyer over payment of fees. It was informed to the court that several cheques were accepted by the counsel as security for his professional fee.
Apart from taking the cheques, the counsel presented the same in the bank even after his services were withdrawn by the client. However, as the cheques were dishonoured, the counsel filed criminal complaints against the client over alleged non-recovery of fees.
“The facts in the present case are demonstrative of the misconduct that could be indulged in by lawyers against litigants, including the manner of collection of fees, practices adopted to recover fees etc,” the High Court said.
“While it may be true that litigants may not pay the agreed fees to lawyers, the same cannot justify conduct of taking blank cheques as security for fees & encashing the same without the permission of the client,” the High Court added.
Tenders apology
After the counsel tendered an unconditional apology to the court & undertook to withdraw all the complaints, the court said it is not inclined to take any action against the counsel. “All the above facts reveal a completely sorry state of affairs in which a counsel has filed criminal complaints against his own client, leading to the client approaching the court with various allegations against the counsel,” Justice Singh remarked.
The HC said to ensure that there is some regulation in charging professional fee by lawyers & for providing a forum for litigants to air grievances, there is an urgent need to frame rules.
Deepa Bhure vs Jai Kishan, ... by on Scribd
Source Link
Picture Source :
Source: Legally India