Counsel not working appropriately
A. Cy
(Querist) 11 July 2014
This query is : Resolved
Dear Sirs,
Can somebody please guide me on how to complain against my current counsel ?
Regards
A
Nadeem Qureshi
(Expert) 11 July 2014
State detail facts, what are the reason to file complaint against counsel?
ajay sethi
(Expert) 11 July 2014
state facts of your case
A. Cy
(Querist) 11 July 2014
Case has been on for 4 years, expedited twice by high court.
He has not been able to complete the case.
uttamtibrewal@yahoo.com
(Expert) 11 July 2014
sir
you can change ur lawyer ...
you can file complain at bar council of India
ajay sethi
(Expert) 11 July 2014
it is not lawyer fault if case is not disposed of . it depends upon dates given by courts for hearing of case
A. Cy
(Querist) 11 July 2014
As a general case, all errant counsels know they will get changed and therefore absolved of their actions when the new counsel is hired.
High Time the thought process changes. Does anybody have a simple answer and willing to show solidarity to their profession instead!!!
V R SHROFF
(Expert) 11 July 2014
Unless cause is investigated, for delay, going thru Roznama/ why dt given , etc, cannot advise
A. Cy
(Querist) 11 July 2014
Mr Sethi,
How the case proceeds in the court is ALWAYS in the hands of the counsel.
The sitting judge might have additional requirements that can be easily fulfilled.
But willingly delaying a case...
Regards
A
A. Cy
(Querist) 11 July 2014
Mr Shroff,
The High Court order stated case to be disposed off in three months an no unnecessary adjournments by either party.
The opp. party took an adjournment for 4 weeks during the order life cycle and my counsel did not object...
Sadly the lower court was aware of the order of the HC.
Cheers.
A
ajay sethi
(Expert) 11 July 2014
merely because one adjournment was sought by adv for OP and not opposed by your counsel does not give you ground for complaint to Bar council against your counsel .
if trial court was aware of HC order it should not have granted adjournment . lower courts are over burdened with cases . even expedited cases dont get disposed of within time frame given By HC
A. Cy
(Querist) 11 July 2014
Mr Sethi,
All cases in the trial court are not expedited. The ones that are expedited gain priority over the remaining cases.
Converting this to numbers would be more shocking/reveling/exposing/embarrassing for the legal fraternity... more so for counsels.
Like u already pointed out... keeping the court on the path by ensuring the adjournment is not passed is the responsibility of my counsel... did not happen
The excuses provided are stale and actually cannot sustain a single well placed argument.
Are you willing to handle the complaint that I intend to put forth ?
Cheers
A
Rajendra K Goyal
(Expert) 11 July 2014
Change the lawyer, if not satisfied with his working.
A. Cy
(Querist) 11 July 2014
Mr. Goyal,
Isn't that the expected outcome in the game played... think again plz !
Cheers
A
Devajyoti Barman
(Expert) 11 July 2014
I do not find any fault of your counsel in the facts given above.
Do not vent your misdirected frustration on your counsel.
A. Cy
(Querist) 11 July 2014
Mr Barman,
We will let the Bar Council decide whether I state facts or it is misdirected frustration?
As such, I admire the brotherhood displayed even when you, as a counsel, know the possibility of what I say is standing at 98%+.
Will you help with the Bar Council?
Cheers
A
A. Cy
(Querist) 11 July 2014
Mr Ali,
My query is to understand the procedure for filing a complaint against a council in the Bar and the associated restrictions as well.
Will you help me?
A
Kuummaar AS
(Expert) 11 July 2014
THERE ARE BLACK SHEEP FOR WHICH NO BODY HAS DOUBT.
A. Cy
(Querist) 12 July 2014
Strange that my dear friends did their best to convince that I was wrong but are not willing to even test their hypothesis. Guess their experience has shown that client is always right.
Is there anybody here who can help ?
Raj Kumar Makkad
(Expert) 12 July 2014
Every one of the experts is trying to help you but unfortunately everyone has become fail due to your adamant view and attitude. You have not a fit case to complain with any authority.
A. Cy
(Querist) 13 July 2014
Mr. Makkad,
The solution being provided is to change my counsel. However, the information I asked for never came.
This tells me a few things:
a) My assessment of the counsel is correct and easily established. This in itself becomes a headache for the counsel to deny in the event of a complaint by me. More so they are used to dishing out a set of pre formatted answers that do not hold up.
b) The Experts here are only trying to show solidarity by not sharing the requisite information in the hope that I change my path. This is the usual path followed.
c) You seem to have reached a pre conceived notion that I am adamant and the case is not fit for complaint.
I have shared lesser than the bare minimum details but you seem to have reached a conclusion about the final outcome.
All the above only point to the inherent strength of what I set out to explore.
One of my previous counsel that I had did his best to showcase I was wrong and My argument will not stand up in court. Final result, out of 5 points in my argument, the first was sufficient to dismiss a high court petition.
Would you like to help me with the complaint ?
Regards
A
Devajyoti Barman
(Expert) 13 July 2014
Your are hopeless as far this particular issue is concerned.
May God be with you.
Raj Kumar Makkad
(Expert) 13 July 2014
We all are every time ready to help the needy persons if their intention is clear to seek help from the experts rather to tease, harass and insult them.
You may not be satisfied with the services of your lawyer and thus can change him at any time but the reason you told do not seem justified to me.
Anyway, you can further seek personal information of any expert by making PM to him.
A. Cy
(Querist) 13 July 2014
Mr Barman and Mr. Makkad,
Has any of the Experts here put forth a single reason as to why the complaint should not be made.
The only perspective I can gather from above is that the new council, if I hire one, will be very hard to find in the event of a complaint at the Bar.
I should put forward a perspective that seems to have been ignored in your fear:
a) A case that has been expedited twice by the High Court at my request only show cases that my intent for an early decision.
b) This has been thwarted by my counsel to extend the case reason simply being money earned from the opp. party.
All Experts here are recognized members of the legal fraternity. When you come across members who end up giving a bad name to the legal fraternity, instead of taking him to task, you all have singularly tried to protect him?
If the Experts fail to have an answer when I'm not even trying, I wonder what will happen when I do complain?
Mr. Barman - Thank you for your kind words... you have just fuelled my intent.
Mr. Makkad - I started of with a simple request, sadly which has not been even read.
All I have done is put forth an argument that seems to have ensured a set of frustrated comments put forth.
I still ask, can any share the details of putting forth a complaint at the Bar.
My best wishes to you all.
A
ajay sethi
(Expert) 13 July 2014
your objective should be that case is disposed of . you should request your counsel not to agree for any adjournments in future . in case any application for adjournments are made your lawyer should strongly oppose it . let court pass orders on his adjournment application .
by filing complaint with Bar council you will antagonise your lawyer . another counsel will hesitate to take your case . you will only be the loser in the bargain
A. Cy
(Querist) 13 July 2014
Mr. Sethi,
That has been the soundest advice till now.
Believe me, I have already done what you have advised. He speaks a lot out of court, forgets that he has a tongue while inside and then tries to show what a good job he has done.
He is a good guy otherwise, except when he does not do what he is supposed to and when he tries to misguide me into filing more suits thru him.
My intent from day 1 has been to finish ASAP and all directions towards the same. I cannot control what he does at the last minute.
Regards
A
Nadeem Qureshi
(Expert) 13 July 2014
Dear Querist
you should read advocate act & bar council of India Act, rules & regulation. it will be helpful to file complaint against your counsel.
V R SHROFF
(Expert) 13 July 2014
Instead of increasing Litigation, it is suggested to expedite the matter. Be strict and ASK YOUR ADV, WHY DIDN'T YOU OBJECT ADJOURNMENT? WHY NOT INSISTED FOR 3 DAYS-7 DAYS ADJOURNMENT.
If you feel, your Advocate is not with you, change him RIGHT NOW.
aND ENJOY THE hc ORDER TO EXPEDITE THE MATTER, INSIST ON COURT TO FINISH MATTER AT THE EARLIEST, WITH ADJ NO MORE THAN A WEEK ..
A. Cy
(Querist) 13 July 2014
Mr Shroff,
The counsel in question has ensured that the second expedite order is over. The sad part is that the presiding judge is today in contempt of the HC order.
This man for a few rupees has put a judge on the firing range. I'm not aware of the understanding he has had with the judge in question.
Do u actually advise that he be allowed to go scot free?
Regards
A
Raj Kumar Makkad
(Expert) 13 July 2014
If your lawyer is not capable enough to persue your case inside the court room, you need not to continue such liability rather immediately replace him but without making a complaint against him as the coming lawyer shall also remain fearful in that event which ultimately shall be adverse to your interest in the case.
None can ignore that some black sheep has also entered in this noble professional and those are becoming the reason for the defame of entire legal fraternity.
A. Cy
(Querist) 13 July 2014
Mr Makkad,
Should be the right motivation for the new guy to tread the straight and narrow with repercussions well laid out if he decides to deviate.
I think the bar is not happy when it gets complaints about lawyers.
Regards
A
ajay sethi
(Expert) 14 July 2014
we have advised you at length . change your lawyer now .
V R SHROFF
(Expert) 14 July 2014
you stated " One of my previous counsel that I had did..."
means you already changed few Advocates..
NOW YOU ARE THE BEST JUDGE OF YOUR WAY OF THINKING..
MY ADVISE WAS TO ACHIEVE YOUR OBJECTIVE, AND NOT TO DE-TOUR.
V R SHROFF
(Expert) 14 July 2014
you stated " One of my previous counsel that I had did..."
means you already changed few Advocates..
NOW YOU ARE THE BEST JUDGE OF YOUR WAY OF THINKING..
MY ADVISE WAS TO ACHIEVE YOUR OBJECTIVE, AND NOT TO DE-TOUR.
A. Cy
(Querist) 14 July 2014
Mr. Shroff,
I have gone through 5 counsels... with the same end result. They start off well and then suddenly forget that they have been hired by me to work on my behalf.
The sad part being that whatever they do gets recorded and then rectified at a later date; hence my intent to complain in the bar. I understand that this brings another aspect into focus and might sidetrack the focus on the original litigation.
Regards
A
