It is between you and your advocate as to how the professional fee was to be paid, including the fact as to whether the upfront fee paid included fee for the full case. If you are not satisfied with his services, you may first try to sort out the matter amicably by discussing with him; if he does not agree and you have a claim against him, you may make a complaint to the State Bar Council concerned, including the aspect of the refund of fee. If you do not get a solution even after this, then your only option would be to file a regular proceeding in court to recover the extra fee paid, if any. But, then, for this, you may have to prove the fee schedule and how the fee paid upfront was to be utilized, etc. It may also be a long-drawn process.
While I cannot comment on the facts of your case as to whether you would succeed in getting refund of your fee, generally speaking, it may not be an easy task. It would be better if you can amicably settle the matter with him.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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