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Showing contexts for: champerty in Bar Council Of India vs A.K. Balaji . on 13 March, 2018Matching Fragments
Chapter 8 of the SRA Handbook permits publicity of the law firm but prohibits solicitations.
32. In India, with regard to Contingency fees, Rule 20 in Part VI, Chapter II of the BCI Rules bars an advocate from stipulating a fee contingent on the results of the litigation or from agreeing to share the proceeds thereof. Rule 21 prohibits practices akin to champerty or maintenance, and prohibits an advocate from buying or trafficking in or stipulating or agreeing to receive any share or interest in an actionable claim. In USA Rule 1.5 (c) of the ABA Rules permits lawyers to charge contingency fees, except in certain specified cases like criminal defence, etc. Fee-splitting arrangements between lawyers from different firms are also permitted with some restrictions. In U.K., Section 58 of the Courts and Legal Services Act, 1990 permits “conditional fee agreements” 471 US 626 (1985) 486 US 466 except in criminal proceedings and family law matters and Section 58AA permits “damages-based fee agreements”, all of which entitle legal practitioners to a share of the “winnings”.