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'P', an advocate, was engaged by 'Q' for a fee of Rs. 2,000/- to argue his appeal in the High Court. On…

Once an advocate has accepted a brief for an agreed fee, he is already under a pre-existing contractual and professional duty to argue the case to the best of his ability.…

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'P', an advocate, was engaged by 'Q' for a fee of Rs. 2,000/- to argue his appeal in the High Court. On the day of hearing, 'Q' agreed to pay him an additional sum of Rs. 10,000/- if he argues the case well:

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Once an advocate has accepted a brief for an agreed fee, he is already under a pre-existing contractual and professional duty to argue the case to the best of his ability. Under Sections 23 and 25 of the Indian Contract Act, 1872 (as held in Ramchandra Chintaman v. Kalu Raju), a promise to pay an additional reward to an advocate on the day of hearing for arguing the case well is void both for want of consideration and as being opposed to public policy and professional ethics.

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