Sending evidence by post through lawyer
MahendraKumar.H.Trivedi
(Querist) 20 January 2018
This query is : Resolved
Sirs,
I am aged 63. As I had differences with my lawyer, he is not accepting fees nor he is filing reply at crucial stage. Other lawyers not willing to take up the case until file is handed over by my lawyer. Court town is far from my place.
I went personally but judge repeatedly said please come through your lawyer.
Can I send my statement to the court through local lawyer by post. Will that be considered valid. Should I hire a local lawyer and go by taxi on the date and file a reply. Can a statement be submitted through a lawyer who has not signed Vakilnama. Please advise
Vijay Raj Mahajan
(Expert) 21 January 2018
Engage local lawyer and take him along with you to file his vakaltnamma and reply/statement on your behalf in the court. Outside Indian lawyer can appear in any court in India under the Advocate Act, no bar for this.
N.K.Assumi
(Expert) 21 January 2018
The Bar Council of India framed Rules under the Advocates Act 1961, and under Section IV Rule 39 reads as: An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged by a party except with his consent; in case such consent is not produced he shall apply to the court stating the reasons why the said consent should not be produced and he shall appear only after obtaining the permission of the court.
Yes, the court may permit the counsel to appear in such a case without the consent of previous counsel, provided the counsel is prepared to face proceedings of misconduct by the Bar Council.Every advocate has a duty; duty to the court, duty to his client and duty to his colleague, and he is the best judge of his/her professional conduct.
Dr J C Vashista
(Expert) 22 January 2018
Engage another local lawyer.
However, there is no dispute involved in your query for consideration, analyses and guidance by experts on this platform.
Kumar Doab
(Expert) 22 January 2018
You have posted earlier also…
If IT is the same matter then follow the advice and engage a very able senior LOCAL counsel/Law Firm of unshakable repute and integrity specializing in such matters having a successful track record….and show all evidences of all record with you ….for a considered opinion…..
In your case LOCAL may imply at location of court also as even counsel from your own LOCAL location may have to involve counsel from location of court per rules…..in the state…..
You can find such counsel at your location and your counsel can help you at location at curt…..
I have seen counsel worth their salt; appraising the clients by e -mails…
Your earlier counsel as per your own posts in various threads seems to have ditched you….. Beware of such counsels at any location and even online portals like LCI………..Such black sheep are a blot on profession and they may fall for small favors /monies say; Pachaas Rupalli…
You may consider making this counsel popular for his/her acts …………in your circle…
If you are sure that you can handle the matter as PIP then go ahead………
If you fell that your own LOCAL counsel can make you properly informed go ahead and benefit from IT……..
Choice is with you.
Kumar Doab
(Expert) 22 January 2018
Same Query;
http://www.lawyersclubindia.com/experts/Sending-evidence-by-post-through-lawyer-669346.asp
