Can a lawyer charge for adjournment and case withdrawal appearance?

I had filed a writ petition in court with the help of a lawyer, for which I pay the lawyer for every hearing. However, I was charged by the lawyer for an adjournment (which I requested) at my last hearing. The court's order, however, states that "No one has appeared on behalf of the petitioner" and gives a new hearing date. This leaves me uncertain whether the lawyer actually appeared to get the date adjourned or did not appear and still charged me for that date. Additionally, I now want to withdraw the petition. My questions are: 1) Is an adjournment chargeable by the lawyer? 2) Is withdrawing a case by way of appearance chargeable by the lawyer? 3) Can I withdraw the case myself without going through the lawyer? 4) Is there any way to find out whether the lawyer appeared on that date or not?

3 Answers
Only verified advocates can give an answer Sign In
Ayantika Mondal
Advocate Ayantika Mondal Answered: 11 Nov 2024

When dealing with the legal aspects of your writ petition and interactions with your lawyer, several key points arise. Firstly, lawyers may charge for adjournments, especially if they have prepared for the hearing; however, this should be clarified in your agreement with them. Secondly, withdrawing a case typically incurs charges as it involves legal work, but again, the specifics depend on your arrangement with the lawyer. You can withdraw the case yourself by filing a withdrawal application in court without needing your lawyer's assistance. To verify if your lawyer appeared in court on the specified date, you can check court records or ask the court clerk for attendance details

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 09 Nov 2024

A lawyer can charge for an adjournment if you requested it, as this involves their time and effort in managing your case. However, you should clarify this with your lawyer regarding the specifics of the charge. Withdrawing a case incurs legal fees, as it requires your lawyer's appearance and preparation of necessary documents. You can withdraw the petition yourself by filing an application in court to request withdrawal. You must appear before the court on the next hearing date to formally make this request. To confirm whether your lawyer appeared on the adjournment date, you can check the court's records or contact the court clerk for attendance records. Reviewing any communication from your lawyer regarding that hearing may provide clarity.

Admin
Advocate By LEAD INDIA Answered: 08 Nov 2024

Sir, a lawyer can charge for securing an adjournment or appearing in court to file a withdrawal application. However, you can withdraw the case yourself and verify the lawyer's court appearance by checking the court's records. It is advised to consult an expert lawyer who will assist you in understanding your rights and obligations. For further legal assistance contact us on our helpline number.

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now