The Kerala High Court has come down heavily on two advocates who attempted to halt court proceedings over an alleged non-payment of legal fees, warning that clients cannot be cornered into settling disputes under pressure. The Court imposed ₹50,000 in costs, calling the conduct inconsistent with the dignity expected of the legal profession.
The controversy arose from execution proceedings in a land acquisition matter. The advocates, who had earlier represented the decree holders, approached the High Court claiming that their professional dues remained unpaid. They argued that the clients’ newly engaged counsel had taken over the case without issuing a No Objection Certificate and sought a pause on the execution proceedings until their fee dispute was resolved.
That move effectively froze the process for months. The Court found this approach deeply troubling, observing that even if fees remain unpaid, an advocate has no authority to stall legal proceedings. It emphasised that litigants must not be pushed into a corner or compelled to pay through indirect pressure tactics.
The bench noted that the standing of the legal profession rests on the conduct of its members. Actions that delay justice or harm clients, it said, undermine that very foundation. Disputes over fees, the Court clarified, must be pursued through appropriate civil remedies, not by invoking writ jurisdiction.
The former clients countered that they had already paid substantial sums and were compelled to engage new counsel after losing confidence in the earlier advocates. The newly appointed lawyers also maintained that their engagement was proper.
Rejecting the petition, the Court reiterated that clients are free to change legal representation and courts can permit such changes even without the previous counsel’s consent. It also criticised the filing of a writ petition in what was essentially a private fee dispute, remarking that the attempt to block execution proceedings deprived decree holders of the fruits of their decree.
The delay caused by the litigation, which held up the release of money to rightful claimants for nearly ten months, was described as unacceptable. Dismissing the petition, the Court directed the advocates to pay ₹50,000 to the Kerala State Legal Services Authority within six weeks, warning that recovery steps would follow if they failed to comply.
