Advocate fees are to be paid according to the rules governing fees and cannot be contingent on case outcomes.

J U D G M E N T

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The petitioner, who is an Advocate practising in Manjeri, seeks to direct the respondent-Airport Director, Airport Authority of India to pay the petitioner his professional fees amounting to ₹3,37,514/- as certified by the Sub Court, Manjeri as per Ext.P1 within a time frame to be fixed by this Court.

2. The petitioner states that he appeared for the Airport Authority of India (AAI) in O.S. No.345/2012 of Sub Court, Manjeri. The Suit was filed by the AAI for realisation of money. The Suit was decreed by the court on 04.06.2015. The petitioner sent bill for professional charges on 10.07.2015. The petitioner was informed that Advocate Fee can be settled after realisation of the money through Execution Proceedings. The petitioner intimated the respondent that payment of Advocate Fee cannot be on the basis of the outcome of the litigation.

3. Thereupon, the respondent informed the petitioner as per Ext.P5 that an amount of ₹15,000/- has been transferred to the petitioner’s account as per the then prevailing panel advocate fee. The petitioner was also informed that the court determined advocate fee as claimed by the petitioner will be paid after the recovery/realisation of the amount from the judgment debtor. The petitioner thereupon sent Ext.P6 lawyer notice demanding ₹3,37,514/-.

But, the petitioner was not paid the fee.

4. The learned counsel for the petitioner argued that Advocate Fee cannot be linked to the outcome of the litigation. The Hon’ble Apex Court has held inB. Sunitha v. State of Telangana [ AIR 2017 SC 5727 ] that advocate fee based on percentage of result of litigation is illegal. The petitioner is entitled to the fee prescribed under Rule 6(4) of the Rules regarding Fees payable to Advocates framed by this Court.

5. The respondent opposed the writ petition. The respondent submitted that there is no violation of any legal or constitutional right of the petitioner and hence the writ petition is not maintainable. The respondent had engaged only the petitioner for prosecuting the Suit. But, the petitioner filed joint Vakalat along with Advocate Mini Mathew without the knowledge or consent of the respondent. Hence, the respondent has no liability to pay. The respondent has paid the advocate fee as per the approved fee schedule of the respondent.

6. The Sub Court has decreed the suit only against the 1st defendant though there were two defendants. The 1st defendant remained ex-parte. Therefore, the decree is to be treated as ex-parte. For ex-parte decree, the fee prescribed under Rule 6(4) of the Rules is different. The statement of costs was filed by the petitioner in the court without the consent of or notice to the respondent. In the Statement filed in the Sub Court, the petitioner has certified that he has received the senior and junior fee. Hence, the petitioner cannot file a writ petition for the same. The petitioner was given a proposal to accept 50% of the claimed fee. The petitioner was but not inclined to accept the proposal.

7. The learned counsel for the petitioner, in reply, submitted that a prior consent of the litigant is not necessary to file Statement of costs in the Court. This is evident from Rule 196 and Form 35 of the Civil Rules of Practice and from Rule 3 of the Rules regarding Payment of Fees to Advocates. As far as engagement of Advocate Mini Mathew, there is an implied authority conferred on a Senior lawyer to file joint Vakalat along with junior lawyer, contended the counsel for the petitioner.

8. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent.

9. As regards the defence of the respondent that the petitioner had filed a joint Vakalat along with Advocate Mini Mathew, on behalf of the respondent, without respondent’s consent or knowledge, the Vakalat executed by the respondent authorises the petitioner to conduct and prosecute the case. The said authorisation would include authorisation to do all that is necessa