Court Orders Prompt Payment of Lawyers' Fees by Government Entities The Court directed the GNCTD to clear the pending retainership payments to the Petitioner within one month, emphasizing the undisputed nature of the ...
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Court Orders Prompt Payment of Lawyers' Fees by Government Entities
The Court directed the GNCTD to clear the pending retainership payments to the Petitioner within one month, emphasizing the undisputed nature of the retainership fee obligation. All Governments/Departments were instructed to ensure timely payment of lawyers' fees to avoid the need for legal intervention. The petition and all pending applications were disposed of, with a strong directive for prompt payment of lawyers' fees by government entities to prevent unnecessary legal actions by legal professionals.
Issues: Non-payment of professional fees to the Petitioner appointed as a lawyer for representing the GNCTD before the High Court of Delhi.
Analysis: The Petitioner was appointed as the Additional Standing Counsel (Civil) and submitted numerous bills for professional services rendered, totaling to Rs. 26,31,200. Despite the Petitioner's appointment being withdrawn, the bills remained unpaid, leading to the petition for a writ of mandamus for payment.
The Court noted that while some amounts had been credited to the Petitioner's account, the monthly retainership amount agreed upon had not been paid. The GNCTD acknowledged the retainership agreement but had not provided a timeline for payment, prompting the Petitioner's legal action.
Citing legal precedents, including a Supreme Court case and a recent Division Bench decision, the Court emphasized the obligation of Governments/Departments to promptly clear professional bills of lawyers engaged by them. It highlighted the unfortunate nature of lawyers having to sue their own clients, especially government agencies, for fee clearance.
The judgment directed the GNCTD to clear the pending retainership payments to the Petitioner within one month, emphasizing the undisputed nature of the retainership fee obligation. Furthermore, all Governments/Departments were instructed to ensure timely payment of lawyers' fees to avoid the need for legal intervention.
Ultimately, the petition and all pending applications were disposed of, with a strong directive for prompt payment of lawyers' fees by government entities to prevent unnecessary legal actions by the legal professionals.
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