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Author Topic: Can i get my fee back from my lawyer if HC refused my writ petition?  (Read 434 times)

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Offline yuvashakti

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Hello, I hired a HC lawyer for a writ petition in MP HighCourt. His fee is 14,000. I paid him 10,000 at starting and remaining 4,000 has to be paid after HighCourt's decision. The problem is on the first hearing HighCourt judge said that they have no authority to entertain such writ because of highcourt's earlier decision. But he did not disposed the petition and it is pending right now. I, then read highcourt's earlier decisions and now i am sure that my petition has no chance.
Now, what should i do? what about the fees? Should i ask my lawyer about money? Please help.

Offline rajgopal sripathi

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Re: Can i get my fee back from my lawyer if HC refused my writ petition?
« Reply #1 on: March 28, 2016, 08:20:07 AM »
Yes.. you should ask for refund. The lawyer is supposed to be knowledgeable and should not have filed the writ in first place.
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Offline riteshmaity

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Re: Can i get my fee back from my lawyer if HC refused my writ petition?
« Reply #2 on: April 24, 2016, 10:27:12 AM »
You are not legally entitled to get any refund of fees unless there is a deficiency in service. As per the Consumer Protection Act, in case of deficiency in service provided by the lawyer, you are entitled to claim refund and even seek compensation. However, deficiency has to be proved.

E.g. the drafting skills/ knowledge of lawyers vary from one to another. generally speaking you cannot expect the same amount of skill from a 30 years old than someone who is in this profession for 30 years itself. This kind of things cannot be treated as deficiency.

But if a lawyer takes his fees from you but does not appear in your case, then that amounts to deficiency in service.

Anyways, you can always request for refund.  8)
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Offline lexcare

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Re: Can i get my fee back from my lawyer if HC refused my writ petition?
« Reply #3 on: April 25, 2016, 12:46:05 AM »
Yes.. you should ask for refund.

 

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