Advocate Arvind Joshi has taken a fee of Rs 60,000 to conduct a civil suit through trial. After two…
Rule 12 says an advocate shall not ordinarily withdraw without sufficient cause and reasonable and sufficient notice to the client. On withdrawal, he "shall refund such part…
Choose your answer
Advocate Arvind Joshi has taken a fee of Rs 60,000 to conduct a civil suit through trial. After two hearings he wishes to withdraw because he has taken up a large arbitration. Under Rule 12 of the Bar Council of India's Standards of Professional Conduct, what must he do?
Answer and explanation
Correct answer B
Rule 12 says an advocate shall not ordinarily withdraw without sufficient cause and reasonable and sufficient notice to the client. On withdrawal, he "shall refund such part of the fee as has not been earned". Withdrawal is therefore possible, but it is neither unrestricted nor a reason to keep unearned fees, and the rule does not require State Bar Council permission.
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