Discharge of solicitor may be conditioned on payment of reasonable unpaid fees when substantial services have been rendered.

Under Order 3 Rule 4(2) of the Code of Civil Procedure, a pleader's appointment continues until it is determined with the leave of the Court, and that leave is not granted mechanically. The Court must balance the client's right to change representation against the solicitor's right to receive just fees for work already done. A client seeking discharge of a solicitor who has rendered substantial services may be required to pay the reasonable unpaid fees as a condition of discharge, and a nominal alleged settlement does not satisfy substantial outstanding charges.

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Issues: Whether a client seeking discharge of his solicitor could be required to pay the solicitor's reasonable unpaid fees as a condition for discharge.

Analysis: Under Order 3 Rule 4(2) of the Code of Civil Procedure, 1908, the appointment of a pleader continues until determined with the leave of the Court, and such leave is not mechanical. The Court must satisfy itself that both the client's right to change representation and the advocate's right to receive just fees are protected. A client cannot insist on discharge of a solicitor who has rendered substantial services without meeting the reasonable fees payable for that work. The record showed that the bill for the suit had not been settled in full and that the alleged settlement of a nominal amount could not be treated as satisfaction of the substantial outstanding charges.

Conclusion: The client was entitled to discharge the solicitor only upon payment of Rs. 2 lakhs as condition for discharge.

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