LI Network
Published on: 09 September 2023 at 12:26 IST
The Supreme Court has expressed its concern over the necessity for advocates to approach the court to recover unpaid legal fees for their representation of the State Government.
This issue came to light during a hearing involving the State of Uttar Pradesh and an order from the Uttarakhand High Court directing the State to pay interest on outstanding legal fees to an advocate.
A bench consisting of Justice Abhay S. Oka and Justice Pankaj Mithal, while temporarily halting the High Court’s order to pay interest, instructed the State Government to establish a clear policy to ensure prompt payment of fees to advocates representing the state.
The Supreme Court remarked, “It is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees.
The State Government will have to set its house in order by coming out with clear policy directions which will ensure that an Advocate who appears for the State is paid his fees within a reasonable time. In this regard, the State Government shall file an affidavit on or before the next date of hearing.”
The respondent in this case is an advocate who had petitioned the Uttarakhand High Court to receive payment for outstanding bills dating back to December 2009.
The High Court had ordered the State Government to pay the advocate 8% interest per annum on the outstanding dues from the time they were due until payment.
The State Government subsequently filed a review application challenging this decision, but it was dismissed by the High Court. As a result, the State Government brought the matter to the Supreme Court’s attention.
The Supreme Court has temporarily stayed the High Court’s order and issued a notice to the respondent in this case.