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1999 Supreme(Ker) 293

K.S.RADHAKRISHNAN
James Koshy – Appellant
Versus
K. S. R. T. C. – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Determination of a lis on a professional fee is always a delicate one, since the relationship between the client and the lawyer is a matter of trust and fiducial. Earlier times a Barrister cannot sue his client nor can he be sued for negligence because their relationship was not originated in contract. A lawyer has an obligation not only to the client but also an obligation to assist the Court for proper administration of justice. In later times lawyers assistance became gratuitous like any other profession and depended upon pecuniary compensation. This was due to multiplicity of judicial proceedings and that the law has become complicated and the situation warranted competent lawyers who are willing to spend time and energy to vendilate grievances of their clients. Legal compensation is now not determined by any accepted

standard. Generally it is a matter of personal equation. Reputation, skill and knowledge of law and eminence in the bar reflected the professional fees paid by the client. In the instant case the lawyer and the client is governed by the express stipulation in the matter of professional fee and this Court is now called upon to dete












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