Hi, I am unfortunate enough to have worked for a relatively unknown firm in Mumbai which had initially (April 2020) told its associates that 50% of everyone's salary (only those whose salary was above Rs.30,000/-) was being deferred and that these arrears would be paid once things got back to normal. As you all know "things" as such have yet to get back to normal and I still do not see an end to this dismal situation.

Thankfully I have moved on from that firm but I am now faced with a situation where 50% of my retainer fees for a full year have remained unpaid and the firm refuses to acknowledge my arrears / pending retainer fees. This being a substantial amount for me I do not wish to just write it off.

Any suggestions on the most pragmatic approach to recover my arrears / pending retainer fees? Has anyone else faced such a situation?

The emails have been sent a long time ago and they have flat out refused to pay whilst changing their stance to now calling the reduction in retainer fees a "cut" instead of a "deferral".

Would calling out the firm on social media set a bad precedent for my future scope of employment?

Which shady law firm is this,not paying retainers.Have they gone bust or is it like punishing you for leaving the firm types.If its not substantial amount to you but bothers you then name them.But if it's a substantial amount and you obviously need your money,then attach the emails or memos that said it was a deferral and write a strong demand notice again for your retainer ( do get a criminal law practicing lawyer to do this for you) and this time demand a copy of their income and profit or loss statement. If the firm was making losses,legal action is waste because recovery will be impossible or take forever.If notice is ignored or refused,name them or file suit or private complaint.Go by your lawyers advice.Dont let your retainer be swallowed up by this firm.The hard earned retainer is security in a pandemic

I have learnt this over last 9 years working at law firms. I am a PA at one of the T1s now, started at a T3-4. Hard code it in your thought process.

(1) It will not matter (at all) to your future employer. All they care about is whether you can do their job or not. Any half decent/ professional firm will treat you like that - a professional. If its not treating you like that/ prying too much - dont work for that team, interview for a different partner. If you are good, you will get hired (and rise with time).

(2) Time to send that stern email - followed by FB/LI/Insta/whatever. Fight for whats rightfully yours, without any guilt or fear. If you decide to drop it, then drop it at your will (time vs. opportunity cost). But not because you are scared.

Totally right.Name the firm in FB/LI etc not just because they didn't pay you but it's sly strategy to convert a salary deferral into a cut and refuse payments when an employee quits.Money due is money due and it has to be paid back with interest.Sheer lack of ethics and law for a law firm.You should initiate legal recovery proceedings against this firm anyways because don't ever make the mistake of working again for this firm.Someone suggested joint action, if there's sizeable number of you it could get clubbed into one big matter.The firm might look at settling it then.

If it was client fees, would you not be expected to follow up on pending bill recoveries?Then why not follow through for your own retainer.A really smart employer will appreciate that a guy who follows up for his retainer is likely to follow up with clients for bill payments (and also because variables for yourself will be affected).It's bad precedent to not claim your retainer because if a guy doesn't claim his personal retainer payment what is the chance of him getting the bills paid by client.

Agree fully,law firms cannot deprive associates of retainer fee and if it's a profitable firm then most certainly not.No firm can refuse to pay retainer fee and add it to their profit wallet.Not done.They have probably done this to others then maybe you guys can take a joint action.First email/write to them JOINTLY.Higher the number of people,the more it will matter.Also remember Delay beyond a certain point could limit your option of legal remedies,if you guys all plan some legal action.

Does it matter if the firm is profitable or not? On paper the firm in any event may not be shown to be profitable for their own reasons.

Like any partnership firm, the partners liability is not limited to the extent of just their profits or share in the firm. If they have been able to reap the profits and benefits of the firm’s business pre-COVID, increasing their personal wealth, then why would it be wrong for them to dip into their own assets or savings to help cover their liabilities during COVID times?

I do not see any reason for non-payment of retainer fees. OP should follow all remedies available to her/him.

Yes its for real, in one of our internal zoom calls, the managing partner had said, "If anyone believes that I should sell my assets [cars including Rangerovers and Mercedes, multiple flats and office spaces in Mumbai and Pune] and pay you please tell me". Of course at that time none of the associates spoke up for fear of retaliation.

If the partners enjoy profits for work done by the associates of the firm then why is it so wrong for them to be held accountable to pay off all the liabilities including the associates retainer fees as well?

The associates/ senior associates are till date being paid just half of their actual retainer fees.

Please name the firm.use alias name or drop a hint, so that some of us don't land up at this firm even by mistake.i cannot imagine why the current employees are taking a 50 percent cut and keeping so quiet.somethings terribly wrong at this firm much beyond salary cut issues is my guess.

Unfortunately India is full of such employers. My friend used to work in law firm where they were not paid salaries until 20th of next month. Whenever someone would ask for salary, the boss would insult them and say that todays generation has no sense of responsibility and they should think about the firm before thinking about themselves.

Don't let them get away with this. Don't forget that you are a lawyer. I recommend you file a recovery suit. After filing there is a high likelihood that the Defendant will settle and you'll get some money. If you don't act then you're not going to get anything and there will be a negative feeling that even after being a lawyer you never took any action to secure your right.

Regarding affect on career- I don't see any. It's not the case that it will be a sensational case, the details of which will be published in newspapers, etc.

Remember: If you won't stand up for yourself, then who will?

Civil Action -

Step 1. Send a Legal notice.

Step 2. File a summary Suit with the deferral email and subsequent change in stand (in case matter not settled within 15 days post notice).

Criminal Action -

Step 1. Get an FIR lodged u/s 406 and 420 of IPC. Give a complaint in writing along with all relevant emails. If FIR lodged, see how the Partner comes back with folded hands and gives you your money back. Do ask for interest as well as costs. Don't let the B @ $ + @ r |> $ go scott free.

In case, cops refuse to file FIR, file a complaint with the local magistrate.

In case you are not able to afford a lawyer, name the city here, and request for help. I am sure that someone will come up to help you. Many lawyers are willing to recover fees in installments / at a later stage (post recovery).

Good luck!

@Kian, will you enable people to seek help? Or are you going to be cowed down by the IT Guidelines? Have you complied already? Have you challenged the constitutionality? Please do provide us with an update. If you are fully complying with the new regime, you have violated your first promise of confidentiality. Anonymity no longer exists and the jarmless cookie you had us store is now a disaster in waiting.