Advocate Fees based on a share in subject matter is professional misconduct & cannot be the basis of a Complaint U/s. 138 of NI Act: SC

B. Sunitha Vs. The State Of Telangana & Anr. (Supreme Court of India) The first question which needs consideration is whether fee can be determined with reference to percentage of the decretal Second question is whether the determination of fee can be unilateral and if the client disputes the quantum of fee whether the burden to prove the contract of fee will be on the advocate or the client. The Bombay High Court in Re: KL Gauba held that fees conditional on the success of a case and which gives the lawyer an interest in the subject matter tends to undermine the status of the profession....