December 20, 2016

LR-38 How do advocates / Lawyers charge Fees in advance countries ? Fees standardisation.

How do advocates / Lawyers charge Fees in advance countries ? Fees standardisation.

1) In India, for a same case, one lawyer will get Rs.250/- and for same case another will get Rs.25,000/- and the third one may get Rs.2,50,000/- No standardisation of fees is done in India.

2) Recently, after a Senior Lawyer quoted Rs.5,00,000/- fee for his case, the man came out from his chamber and said to his junior, "Even if I sell myself in open market place, I will not be able to fetch this much amount."

It is okay. Since there is no standardisation of fees, every lawyer is free to put his own value on his own time.

3) In advance countries, there are laws about Fees.

a) In every court, the Chief Judge decides per hour Fee for Lawyers practising in his Court, keeping in view economic realities of that District and views of Bar Leaders.

2) For category of Senior Lawyers as per their years of standing at Bar, a higher rate is fixed.

3) If a lawyer claims specialisation or special hard work needed in any particular case, the Judge fixes special per hour rate of Fee for that case.

4) If disputes arise between lawyer and his client about hours billed and rate charged, the Judge decides.

5) Against orders of Judge, regarding Fees fixation and orders, Appeals are provided.

Two benefits of this system are

1) Junior Advocates do not have to starve in early years of their practice. They can start charging hourly rate from day one.

2) Lawyers will have to prepare bills for hours they actually worked on case.

Haresh Raichura 20/12/16