Allahabad High Court rejects lawyer’s pleas seeking Rs 4.8 crore ‘pending’ fees from UP

The Allahabad High Court dismissed four petitions filed by an advocate seeking close to Rs 4.8 crore in unpaid professional fees for serving as special counsel for the Uttar Pradesh Basic Education Department. The court ruled that monetary claims stemming from contractual engagements are private matters between an advocate and their client and should not be brought before the court.

The bench of Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary stated that payment of professional fees is a matter to be resolved by the parties through mediation or conciliation. The petitioners claimed they were engaged as special counsel for matters in Sitapur, Lucknow, Hardoi, and Raebareli districts, and were entitled to fees under government orders from 2009 and 2011.

However, the state argued that a writ petition for recovery of fees is not maintainable and falls within the civil court's jurisdiction. The court found that there was a dispute over the fees payable for each special appeal and that the petitioner failed to provide evidence of the state's admission of the claimed dues. The court observed that there were conflicting claims, with the petitioner demanding the maximum fee under the government order, while the department argued that the order only specified a fee range and no agreement had been reached on the actual amount payable.

As a result, the high court dismissed all four petitions and allowed the petitioner to pursue his claims in a civil court.