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(Guest)

Can unknown advocate represent the respondent in divorcecase

Hi Experts,

I filed divorce case against husband . he contested the case by giving valakta to his mother's native lawyer.

But the advocate who gave valakta for the respondent is not coming to court  his clerk (who is not advocate) represented the court for almost every hearing date.

6 months back we met one lawyer in our  place and discussed my case with her , she told she cant have capability or experience in dealing the divorce case. so we did not give her valakta. she took my other party's details during case study and she made some dealings with them 6 months ago itself.

Now , she is representing in the court for the respondent's side  without vakalta. Other side did not file any application to judge that she is their lawyer?

Is any lawyer come and represent by themselves for anybody? or vakalta is mandatory?

Can you please tell me process of this?

Thanks,

Swetcha



Learning

 70 Replies

The Divore Law Firm (Legal Consultant Divorce Lawyer)     08 February 2018

For represent as a lawyer for any case lawyer need to fill the vakalat form and submit that form with your case to head Clark. 

R.Ramachandran (Advocate)     08 February 2018

Probably that lady lawyer may be a proxi counsel for the Advocate holding Vakalat.  Check up with your lawyer. He will be able to clarify.

 


(Guest)

@Ramachandran Sir,

my lawyer just said to me that she is representing in the local and no joint valakta filed for the respondent's side legally and he is not giving proper details regarding this.

She is just standing in the court and not argumenting the court if the present step requies their arguments. She is just standing in the court and when our case is called , she is requesting time and saying that lawyer is from outstation and will come next hearing date and dragging the case. is this legally valid?

Thanks,

Swetcha

R.K Nanda (Advocate)     08 February 2018

every lawyer has to file vakalatnama in court to conduct a case.that lady lawyer must be a proxi lawyer.you must object to it and pray to court to call main lawyer of respondant.

(Guest)

@Ramesh,

Iam victim.

Thanks,

Swetcha.

Kumar Doab (FIN)     08 February 2018

You can benefit from the advises given by The Divore Law Firm, Mr. R. Ramachandran, Mr. R.K.Nanda.

Kumar Doab (FIN)     08 February 2018

Ramesh Singh,

What is copied?

What is pasted?

What is your Try?

Where are you lost?

What is suggestion ou are seeking and fro whom? Querist has already replied to your query.

 

Kumar Doab (FIN)     08 February 2018

Originally posted by : Ramesh Singh
Mr, kumar Sir, don't pz respect when your enemy,

Who is enemy?

 

Kumar Doab (FIN)     08 February 2018

Originally posted by : Ramesh Singh
Respond to to querist, if you are a LAWYER

This post is for whom?

Other than you, everyone else has responded to the querist.

Samir N (General Queries) (Business)     18 February 2018

The advocate who discussed your case with you, even though she did not represent you officially, is barred under the Bar Council Rules from representing an adverse party.  I would suggest that you write to her/him informing her/him that her/his representation or even counseling the other side is in violation of the bar council rules and that it is a clear case of conflict-of-interest as you discussed with her your legal strategy and facts which you would not have discussed with her had you known that she was going to represent the other party.

In general, advocates are afraid of Bar Council complaints.  Do not actually file a complaint. Just inform the advocate of your position.  Threat is better than offense.  You also bring this to the attention of the Judge. Of course, you must have proof that the advocate is indeed somehow involved in the case, representing the other party.


(Guest)

Thanks Samir Sir,

I thought of giving complaint against her in Bar Council but that lady lawyer is also bar council member. 

So Can i give complaint to bar council against her as she is violated the ethics or rules.will they take action against her?

or some other action can  be taken? like giving complaint in sessions court or high court?

Please suggest me as she is spoiling my life by dragging the case.

Thanks,

Swetcha.

Kumar Doab (FIN)     21 February 2018

The Lawyer engaged by OP is dagging the case by remaining absent on date..........

The female lawyer is being sent to innform the court that Lawyer engaged by OP is out of station.... 

Samir N (General Queries) (Business)     21 February 2018

Every advocate is a member of the Bar Council. If she is on the disciplinary committee, then she will have to recuse herself from the proceeding. That said, all advocates are afraid of getting a complaint filed against them. Will they take action against her? Most likely not because they usually try to protect their colleagues unless you have incontrovertible evidence of serious violations of the Bar Council rules. If your complaint is thrown out, you can appeal against it and the Bar Council in Delhi gives a second hearing. I do not know the exact details. When filing the complaint, you should refer to specific rules of the Bar Council which you can download from the net.  Courts do not have jurisdiction to hear about complaints against advocates... so no... you cannot approach High Court or Session Court on this matter.

As suggested earlier, you should first write to her, not in a threatening manner, but in simple language, that she has violated Bar Council rules by doing so... and so... and that she immediately cease and desist from any further involvment in the case.  At the minimum, that will deter her from any further involvment and know that you are serious and knowledgeable about the remedies you have.

For your information I am NOT an advocate but have filed a case against an advocate and it did get me results. The advocate never dared to interfere again. The end purpose is to stop the advocate from her unethical acts. To that extent it serves the purpose. Beyond that, I doubt there will be any action actually taken but the fear that the Bar Council may take some action is what gets you the desired end result  smiley


(Guest)

All other advices other than Adovocate Kaamakshi ji are misleading and wrong.  


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