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Questions to Ask a Lawyer Before Hiring for Injunction And Stay Orders
An injunction or stay order is usually urgent, so the first conversation with an advocate has to be sharp. The right questions quickly tell you whether this person can move fast and argue a temporary injunction well. Below are the questions to ask about experience, strategy, speed, fees, and timeline, with what a good answer sounds like, so you choose the right advocate for your status quo or restraining order.
- Experience: how often do you handle urgent Order 39 injunction and stay work?
- Strategy: how strong is my prima facie case, balance of convenience, and irreparable injury?
- Speed: how soon can you file and seek an urgent hearing (days, not weeks)?
- Fees: the urgent application fee, separate from the main suit; court fees separate.
- Undertaking: ask what undertaking as to damages an interim injunction may require.
- Verify: State Bar Council enrolment (Advocates Act, 1961, Section 22).
01Before you ask
Have the urgent facts ready: what the other side is about to do, when, and why it will harm you in a way money cannot fix. That lets the advocate assess your prima facie case and the need for a temporary injunction straight away.
General information, not legal advice
These questions help you choose. They do not predict whether the court will grant your injunction or stay order. Because these matters are time-sensitive, ask them quickly and decide quickly.
02Questions about experience
- How often do you handle urgent injunction and stay order applications? You want regular, recent experience with Order 39 work.
- Have you obtained an interim or ad-interim order at short notice before? This shows they can move when it counts.
- Do you appear in the court that has jurisdiction over my matter? Local court familiarity helps an urgent hearing.
- Will you personally handle the urgent hearing? It is fine either way, but know who appears.
03Questions about strategy and speed
- How strong is my prima facie case, balance of convenience, and irreparable injury? A good advocate assesses all three honestly.
- How soon can you file and seek an urgent hearing? For a restraining order or status quo, the answer should be days, not weeks.
- Should we seek an ad-interim order first? Ask whether an immediate holding order makes sense.
- What undertaking might I have to give? An interim injunction can come with an undertaking as to damages; you should understand that risk.
The most revealing question is simple: how soon can you file? For an injunction, an honest answer in days tells you more than any credential.
04Questions about fees
There is no government-fixed advocate fee, so ask directly. Court fees are separate.
- What is the fee for the urgent injunction application, separately from the main suit?
- Is the suit fee a lump sum or per hearing?
- What is separate, such as court fees, documentation, or a local associate?
| Stage | Typical range (varies, confirm with the lawyer) |
|---|---|
| First consultation | Often around Rs 500 to Rs 3,000 |
| Urgent injunction / stay application | Usually a separate fee; ask upfront |
| Running the main suit | Varies widely; ask for a stage-wise estimate |
05Questions about timeline
- How quickly can the urgent order realistically come? An ad-interim order can be very fast in a genuine emergency.
- After the interim order, what happens and how long? The other side gets notice and the application is heard fully.
- How long could the main suit run? See how long an injunction or stay matter takes for a realistic picture.
Bring the right papers so the advocate can act fast; see the documents you need for an injunction or stay.
06Questions that verify the advocate
Being listed on a website or verified by a platform is not the same as being entitled to practise. The real test is enrolment with a State Bar Council under the Advocates Act, 1961 (certificate of enrolment under Section 22). Ask:
- What is your Bar Council enrolment number and which State Bar Council? Confirm it.
- Are you in active practice in this court?
If you may qualify for free legal aid under the Legal Services Authorities Act, 1987, your District Legal Services Authority can help (see the NALSA website).
07How Claw helps you find the right lawyer
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
That same technology now powers Claw Find a Lawyer, a service for ordinary people. You describe your need for an injunction or stay order, including whether it is an urgent temporary injunction, a status quo, or a restraining order under Order 39, in a short guided chat, and Claw connects you with a verified, independent advocate who handles this kind of urgent civil matter, in your state or city where possible, for an online or in-person consultation where you can ask every question above.
The honest part: Claw does not employ, hire or empanel advocates and is not a law firm. The advocate Claw matches you with is independent and practises on their own, and their professional fee is paid directly to them. Claw does not share that fee (Bar Council of India Rule 36). Claw is a technology platform that helps you find and reach the right lawyer; it is not your advocate and does not give legal advice.
There are two ways to start: a free basic request, or a Rs 99 priority request for faster, prioritised matching. You can read more at Claw Find a Lawyer. Whichever advocate you speak to, confirm their Bar Council enrolment yourself before you share documents or pay anything.
08Frequently asked questions
What is the most important question to ask for an injunction matter?
How soon can you file and seek an urgent hearing? For a temporary injunction, status quo, or restraining order, the ability to move in days rather than weeks is often decisive. Pair it with an honest assessment of your prima facie case, balance of convenience, and irreparable injury.
Should I ask about an undertaking?
Yes. When a court grants an interim injunction, it may require you to give an undertaking as to damages, meaning you could be liable if the injunction later turns out to be wrongly obtained. A careful advocate raises this without being asked, so it is a good test of their candour.
How do I ask about fees for an urgent application?
Ask for the fee of the urgent injunction or stay application separately from the main suit, since they are usually priced differently. Confirm whether the suit fee is a lump sum or per hearing, and what is separate, such as court fees. There is no government-fixed fee, so asking is normal.
Can the advocate guarantee the injunction?
No. No honest advocate guarantees that a court will grant an injunction or stay order. A good answer explains how strong your case looks on the three-part test and the realistic risks, including that the other side will get a chance to respond. Treat a guarantee as a warning sign.
How do I verify the advocate during the meeting?
Ask for the Bar Council enrolment number and the State Bar Council, and confirm it. Enrolment under the Advocates Act, 1961 (Section 22) is what makes someone entitled to practise, which is different from being merely listed or verified on a website. A genuine advocate shares this readily.