Allahabad High Court rejects lawyer’s Rs 4.8 crore fee plea against UP

The Allahabad High Court has dismissed four petitions filed by an advocate seeking Rs 4.8 crore in pending professional fees from the Uttar Pradesh government. A Division Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary held that a writ petition for recovery of professional fees is not maintainable, as the engagement was contractual and involved disputed questions of fact.

The petitioner claimed he represented the State as a special counsel for 16 years and was entitled to Rs 5 lakh per case for 96 cases under a 2011 government order. The State opposed this, arguing that the order applied only to special counsel outside the panel and that the petitioner's fee as a panel lawyer was only Rs 1,800 per case. The Court noted the government never admitted the dues and that the 2011 order did not fix a maximum fee of Rs 5 lakh for all cases.

The Bench deprecated the State for compelling the counsel to approach the court, observing that fee disputes between a lawyer and client erode trust. However, it emphasised that lawyers should not drag clients to court over fees. The Court granted the petitioner liberty to approach a competent civil court for adjudication.