Here’s why the Uttarakhand HC is urging litigants to pay lawyers through cashless means

Earlier this week, the Uttarakhand HC asked the State Bar Council to frame rules to regulate the fees charged by lawyers. Quite significantly, it has also urged litigants to pay lawyers’ fees through cheque, bank draft or online banking only..The Bench of Justice VK Bist was hearing an application in which the petitioner sought a stay on the criminal proceedings initiated against him under Sections 406, 420 and 120-B of the Indian Penal Code. The Court ultimately granted the interim stay, provided that the petitioner co-operated with the investigating agency..At this point, the hearing took a strange twist, with the petitioner’s previous counsel, Jitendra Chaudhary, making an appearance. Chaudhary claiming that his client had not paid him his fees, an allegation that was denied by the petitioner. The Court refused to interfere in the tiff between the petitioner and his earlier counsel..It was submitted before the Court that lawyers often fleece litigants by charging exorbitant fees, sometimes in the name of expenses. Further, it was argued that poor litigants coming from remote areas of the state are exploited by lawyers for lack of knowledge..Taking note of the submissions, Justice Bist held,.“…some method needs to be developed so that poor litigants should not be harassed/cheated. Though advocates cannot be compelled to take particular amount of fee; but, before accepting the brief, they must tell the litigants in clear terms about the fee..Further, payment of fee and payment of expenses to the advocates should be made by way of cheque, bank draft or through online banking only. The advocates should also furnish the receipt thereof to the litigants.”.The Court, therefore, requested the Bar Council of Uttarakhand to look into the matter and suggest rules or guidelines in this regard..Read the order: