How Much Does A Litigation Lawyer Cost In India

The Bombay High Court denied a petition in 2021 about the large fees paid to a senior advocate by the Bombay Municipal Corporation in the Kangana Ranaut v. B.M.C. case, citing the lack of legislation governing advocate fees. A meaningful conversation on the necessity of laws passed in the same field and the regulation of advocates' fees resulted from this dismissal.

Any Indian laws do unfortunately not cover regulating the fees that advocates charge. Certain provisions included in other legislation serve as guidelines, such as certain norms found in the Bar Council norms and Article 39A of the Indian Constitution.

Under Article 39A of the Indian Constitution, free legal assistance

Free Legal Aid, which helps those who cannot afford legal representation and access to the judicial system, is mentioned in Article 39A of the Constitution. It ensures that those who are not financially stable have equitable access to the legal system by offering professional and legal aid at reduced or no cost.

The poor and illiterate should be able to approach the courts, and their ignorance and poverty should not be a barrier to their receiving justice from the courts, according to Justice P.N. Bhagwati."Legal Aid means providing an arrangement in the society so that the mission of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement," said the magistrate. For those who lack access to courts, such as the impoverished and illiterate, legal aid ought to be provided. To apply for legal aid, one does not have to be a litigant.

An advocate must assist anyone in need of legal counsel. His livelihood is this line of work. Therefore, keeping a balance between both is the only way to find a solution.

The Bar Council of India's Rules Regarding Attorney Fees

According to the Bar Council of India Rules, Chapter 2, Part 6, Rule 11, an advocate cannot decline to take a client's brief without a good reason. Given his status at the bar and the circumstances of the case, an advocate should charge fees that are comparable to those of other advocates. If he doesn't explain turning down a specific brief, it will be considered professional misconduct.

Rule 20 forbids advocates from taking contingent fees or fees based on a percentage in the same section. It states that "An advocate shall not agree to share the proceeds of litigation or stipulate for a fee contingent on the outcome of litigation."

The 1907 decision in Ganga Ram v. Devi Dasi is a seminal work about the notion of contingent fees. The Court ruled that contingent fees were unenforceable, stating that they violated both public policy and the lawyers' code of ethics. The Honourable Supreme Court also declares that it is improper for an advocate to expect payment in the form of a percentage if the case is successful. However, bear in mind that they are only recommendations. There are no instructions for the same.

Law Commission of India on Advocate Fees:

The Law Commission of India was mandated to establish guidelines and regulations regarding the fees charged to advocates. A DAKSH analysis states that the average Indian petitioner must pay Rs. 465 every day on average for court procedures. Few people take advantage of the free legal services provided by the National Legal Services Authority Act of 1987. Furthermore, there is no set price for legal services in India for solicitors.

The 2013 Supreme Court regulations provide that a lawyer can bill no more than Rs. 8000 for each hearing. Conversely, the fees charged by Senior Advocates of the Supreme Court range from Rs. 5 lakh to Rs. 25 lakh, while those charged by High Court Advocates range from Rs. 3 lakh to Rs. 6 lakh every hearing. Since advocates base their fees on their client's ability to pay, the legal costs differ from client to client.

Fee ceiling for advocates

There are differing opinions about capping advocate fees. Dushyant Dave, a senior advocate from the Hon'ble Supreme Court of India stated that there should be no limit on the fees that advocates demand because the judges who are making these arguments had paid high fees in the past when they were in practice.

Gopal Singh Narayan, a senior advocate, stated that advocates are professionals, not commodities. A maximum amount of fees ought to be applied. There must be a checking balance kept.

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