Saharanpur | 08 Apr, 2021 (1 week, 1 day ago)

Civil Law

motor accidental claim

I have a case of motor accidental claim pending in Sharanpur Court. I have two queries. 1.  The advocate and I agreed on a certain percentage say x% as his fee. Now he is demanding the fee on interest as well. Should I pay him x% of awarded amount only or x% of (awarded amount+interest amount).2. There is a fd opened in a bank as ordered by court. He is saying that the fd receipt is still with court and a court order will be needed after the fd is matured. Is that so? is a court order required after the fd is matured? Also who gets the keep the fd receipt until then? Should I ask him to give me the FD? Thanks
Answers
08 Apr, 2021 | 18:44

1. Insofar as the fee related issue is concerned, the fee-model agreed to is contrary to Bar Council Rules relating to Standard of Professional Conduct which inter-alia provides that "An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof". 2. Insofar as the disposition of the FD is concerned, one would have to examine the Court Orders before rendering a definite view on the matter.


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