Justice Parthiban: You can’t have such a system. But you must have a clear conscience in the first place and you must respect that conscience. One cannot draw a chart and tell you this is how much you can charge your client in a case. It won’t work in a profession like ours.
But you must realise that you can’t charge your client by what he or she can afford. You have to charge what you deserve. You can’t define these things. All the time, you have to question yourself, and reflect on what you are doing. Somebody charges ₹75 lakh for their appearance. There are others who can’t even make ends meet. But a set standard rate is not possible in the legal profession.
You can’t force a lawyer, as ultimately, the litigant will end up suffering. If you fix a certain amount and that, according to the lawyer concerned, is a pittance, they won’t be honest with their work. They won’t give it their 100 percent and then who is going to suffer? The litigant is going to suffer. That will be worse. That will be more unethical. You should practice self-governance. You talk about law being a noble profession. This is not a commercial profession. Clients come to you for something and you are servicing them. So, you are expected to charge noble fees.
In Western countries, lawyers advertise. They use banners saying things like, “If you lose your limb, come to us…we are here to get you this and that.” In America, they are called ambulance chasers. Lawyers enjoy extraordinary status in the society because they have so much wealth. In India, the Bar Council Rules prohibit such advertisements. In fact, the Rules even say that your name cannot be displayed too prominently on the nameplate; there is a size that is prescribed.
The higher you go, the worst it gets. For example, take the litigation cost in the Supreme Court. At least in the High Court, you still get the choice. There are some lawyers available for a reasonable charge and you can have that choice, but in the Supreme Court, if you want to be heard for more than a few minutes, you can’t do without senior lawyers.
That is why the Senior Counsel culture must go.
Source: Barandbench
