In Brief
An advocate prosecuted a client under the Negotiable Instruments Act for a cheque given as alleged advocate's fees. The client contested, arguing the fee claim (16% of compensation awarded) was unethical and unenforceable. The Supreme Court held that an advocate cannot unilaterally charge fees based on a percentage of the case result or amount awarded, as this violates professional ethics and constitutes misconduct. Without a written agreement showing the client's voluntary consent to the fee amount, no legally enforceable debt exists. The statutory presumption under the Negotiable Instruments Act does not apply when the advocate fails to independently prove the agreed fee. The Court quashed the proceedings against the client and referred the advocate's misconduct to the appropriate disciplinary forum."
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