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Lawyer's inertia

(Querist) 30 October 2014 This query is : Resolved 
In 2012 I paid rs 25000/- to an advocate by cash. He made false statements that the case is underway and soon we will receive favorable order. Fortunately, I gave him photocopies of the documents necessary for filing a case. He never took a signature from me. I found out that he never filed a case. I approached other advocates to take up the case giving this background. Everyone dreads him and his temperament. I went back too him pleading him to either return the case to me or give clarity on what his future course of action is.
I am sick of his attitude and my land case is stalled due to the power he wields, his lies, his inertia.

Dear legal community! is there a way I can wriggle out his clutches?

I cannot approach Bar council as I do not have any evidence of agreeing for his service. I am sure there are many such advocates causing trauma to clients. Dot not know what is the remedy when lawyers cheat law seekers.

The case is very simple. I requested for land survey and in year 2010. The revenue department refuses to oblige my request for land survey as they have accidentally alienated a portion of my land to local body for construction of municipal compost yard.

I only want to file a case against the MRO that my request was not respected, not withstanding the fact that the land is encroached by local body.

Your guidance solicited
Devajyoti Barman (Expert) 31 October 2014
You can lodge complaint with police as well with Bar Council.
Documentary evidence alone is not the sole criteria to lodge a complaint. If you have eye witness , it would also do.
ajay sethi (Expert) 31 October 2014
if advocate has not at all filed a case you can easily appoint another advocate
Rajendra K Goyal (Expert) 31 October 2014
Engage another lawyer. If you have some proof you can lodge complaint.
V R SHROFF (Expert) 31 October 2014
appoint another Advocate & first get ur work done.
Dr J C Vashista (Expert) 01 November 2014
The only alternative available to you in given circumstances is to engage another lawyer and get your work done first then think of taking a chance to initiate any action against the previous (now existing), as advised by the experts, I fully agree.
T. Kalaiselvan, Advocate (Expert) 04 November 2014
As advised, you may file the intended case through another lawyer, get it numbered and let the process of service of summon go on. After that you can lodge a complaint against the advocate before the Bar council along with a copy endorsed to the president of the local bar association in which he is a member for suitable action for his fraud played upon you.


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