Legal Question in Family Law in India
a fee of 50,000/- (full and final) was fixed with my lawyer to pursue DV Act case in district court delhi. i m a female
he also gave me receipt for the same
now due to judge getting influnced,we may have to appeal in higher court...because in his order he was biased.
if we go to higher court,then ethically and legally should we have to pay him extra or he should be making this appeal within 50,000 only?
please reply.
2 Answers from Attorneys
Ordinarily, the fee is paid for the case being conducted in a particular court and not for all the courts including appeals / revisions.
You may refrain from using the language like "judge getting influenced" unless you have a very strong evidence to support your allegation.
The lawyer may charge his fee for filing an appeal / revision before next higher courts.
it depends whether you cleared this with the lawyer at the time of brief that within this fee he would also file an appeal. is the same mentioned in the receipt. if not, he is justified in charging the fee again. you have an option to change the lawyer in appeal if u like.
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