R D Saxena v. Balram Prasad Sharma (2000) 7 SCC 264

Question: Can an advocate keep a client’s case files until fees are paid?

Answer: No. Case files are not “goods” under Section 171, ICA because they are not saleable. Withholding client records to force payment is misconduct. The advocate must return the files and use proper legal steps to claim fees.

• Does an advocate have a lien for fees over litigation papers given by the client?

No lien on litigation files. Section 171 covers only saleable goods. Case papers are not marketable; they cannot be sold or converted into money.

Relying on English solicitor’s lien is not decisive in India. Withholding client files to press for fees is against professional ethics and amounts to misconduct (s.35, Advocates Act). The proper path is to sue or use lawful recovery methods, not to retain client records.

• “Goods” under s.171 ICA read with Sale of Goods Act must be saleable; case papers are not.
• Client confidence overrides any claim to hold documents.
• Ethics first: Use lawful fee recovery; do not obstruct client litigation.

This case protects client access to justice. It clarifies that advocates cannot use case files as leverage for fees. Ethics and procedure guide fee disputes, not possession of client records.

1. No lien on litigation papers under s.171 ICA.
2. Goods = saleable; files are not saleable goods.
3. Keeping files for fees = misconduct.
4. Recover fees through legal remedies, not by withholding files.

General Lien

Right to keep property until a debt is paid. Under s.171, it covers saleable goods only.

Professional Misconduct

Conduct that breaches duties of an advocate; actionable under Advocates Act s.35.

Saleable Goods

Things that can be sold in the market; a key part of s.171 ICA.