Advocate has no lien over client’s papers

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: As with any other profession, the relationship between a client and his advocate is one of utmost trust. But what happens when during the course of the proceedings there develops a dispute about the fees? It is then that both the client and the advocate begin to distrust each other. Consequently, the advocate does not want to continue with the matter unless he gets his fees, while the client wants to replace the advocate.

In such circumstances, if the fees are not paid, can the advocate refuse to return the papers to the client so as to coerce the client into paying up in order to get back his documents? In other words, does the advocate have a lien over the client’s papers till such time as his fees are paid? I will deal with the judgement of the Supreme Court on this subject.

Advocate RD Saxena, whose practice was mostly in the courts at Bhopal, was appointed as legal advisor to the Madhya Pradesh State Co-operative Bank Ltd. He was also engaged to conduct cases on behalf of the bank. However, after two to three years, the bank terminated this retainership of Advocate Saxena and requested him to return all the case files relating to the bank. The advocate sent a consolidated bill of Rs 97,100 to the bank, claiming that this amount was the balance payable to him towards legal remuneration. He informed the bank that the files would be returned only after his dues were settled.

The bank disclaimed any liability of outstanding dues. There was protracted correspondence, but the dispute could not be resolved. Consequently, the advocate did not return the fees. Although the bank was anxious to get the files back so that the proceedings before various courts and tribunals could be continued, yet the bank was not willing to capitulate to the terms dictated by the advocate.