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Advocate’s Fees Can Be Adjusted from Dispute Settlement Amount

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The plaintiff – client had engaged defendant-advocate in two matters with the agreed professional fees of Rs.36,000/-.   The dispute was settled at Rs.80,000/-   According to the client, his advocate sent only draft of Rs.20,000/- but did not pay Rs.60,000/- received by him in cash.

Therefore, the client filed the suit for recovery of Rs.60,000/- against his advocate.  The defendant-advocate filed counter claim of Rs.36,000/- for his professional fees.

The trial Court decreed the suit and dismissed the counter claim.

The District Court, however, allowed the counter claim of the advocate and held that the parties had agreed to adjust the professional fees of Rs.36,000/- from the receipt of compensation amount.

This was confirmed by the High Court and dismissed the second appeal.

Judgment dated 3.6.2026 of the High Court of Delhi in RSA 91/2025 of Prem Singh  Vs.  C.S. Rathore.

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