'Unexpected, Amounts To Professional Misconduct': J&K High Court Reprimands Lawyer For Seeking Share From Client's Compensation Amount

A bench comprising Justice Sanjay Dhar emphatically stated,

“..The counsel cannot claim any share out of the fruits of litigation from his/her client as fee and if at all such a thing has happened, it is a case of professional misconduct on the part of the counsel. Such like conduct is not expected of a person belonging to legal profession”.

The case, brought before the court through a writ petition involved a petitioner named Munni who sought the release of Rs. 13,50,000/- in compensation awarded to her by the Motor Accidents Claims Tribunal, Kathua. However, a dispute arose when Munni's counsel demanded a percentage of the compensation as a professional fee, leading to a deadlock in releasing the funds.

Condemning this practice of lawyers for seeking a pie from the compensation amount of the client Justice Dhar termed the same as "professional misconduct" unbecoming of the legal profession. He further clarified that courts and tribunals should not get involved in lawyer-client fee disputes and must release awarded compensation to the rightful claimant.

“If on account of a dispute between the claimant and her counsel regarding professional fee, the Tribunal is not releasing the amount deposited pursuant to the award of the Lok Adalat in favour of the rightful claimants, the same is highly objectionable. A court or a Tribunal is not expected to become a party to the dispute about counsel fee between a litigant and his lawyer”, Justice Dhar remarked.

In conclusion, the High Court directed the Motor Accidents Claims Tribunal, Kathua to release the amount deposited pursuant to the Award to the rightful claimants without delay and in accordance with the law.

Case Title: Munni Vs Presiding Officer Motor Accident Claim Tribunal Kathua

Citation: 2024 LiveLaw (JKL) 66

Counsel For Petitioner: Mr. Gagan Oswal, Advocate

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