Revised Counsel Fee Structure for Government Counsels

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This document announces an update to the fee structure for government counsels. Initially, a revised fee was introduced on February 1, 2008, changing the payment from a flat fee of Rs. 2,250 per case to Rs. 2,250 for an effective hearing and Rs. 300 for a non-effective hearing. However, this revision had a demoralizing effect on counsels, particularly in cases resolved in a single hearing. Following discussions with the Ministry of Law, it has been agreed, as a special case, to reinstate the flat fee of Rs. 2,250 for cases disposed of in a single hearing. For all other cases, the terms and conditions of the January 31, 2008 letter will continue to apply. This information is for the attention and necessary action of all concerned parties.

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No. 32/07/2008-SRS
Government of India
Department of Personnel \& Training
SR Section
$3^{\text {rd }}$ Floor, Lok Nayak Bhawan, Khan Market, New Delhi Dated 12. Aug. 2009.

To

All Asstt. Solicitor Generals/Central Government Counsels, High Court of Allahabad/Lucknow/Nainital/ Chhatisgarh/Madhya Pradesh/Bihar.

Subject: Payment of counsel fee and other expenditure.
Sir/Madam,
As you are aware, the Department of Legal Affairs has revised fee structure payable to Government counsels under order No. 26(1)/2005-Judl. Dated 31-01-2008, vide which w.e.f. 01-02-2008, in lieu of Rs. 2,250/- flat fee per case, Rs. $1,500 /$ – per effective hearing and Rs. 300/- per non-effective hearing is payable to the counsel.
2. This fee revision created a demoralizing effect on the counsels as most of our cases are disposed off in single hearings and as such the counsels ended up on the losing side.
3. This Department took up the mater with the Ministry of Law for retaining the flat fee of Rs. 2,250/- in single hearing cases. After a lot of persuasion, the Ministry of Law has agreed to our proposal as a special case vide their Dy. No. 57396/09/CR dated 27-07-2009 and accordingly whenever cases are disposed of in single hearings, the counsels shall be paid the flat fee of Rs.2,250/- as per the old rate. The other terms and conditions of D/o Legal Affairs letter dated 31-01-2008 shall be applicable for the remaining cases.
4. This is for information and necessary action of all concerned.

Yours faithfully,
S. Nayak
(S. Nayak)

Under Secretary to the Govt. of India.