Lawyer seems to be fooling me

Hello,

Yes.  There are 420s in this field too.

As you have already paid this lawyer.  Dont leave him.  Be right behind him until he finishes what has been assigned to him by you.  Dont complain to bar council about this, like many others would suggest.  Dont go for new lawyer too, he also charge fees once again.  Make this GFN work.  Be right behind him until he files the right papers.

Ladies or gents, both can avail free legal aid.  But you should be very lucky to get the right one.  They will be paid for govt and wont take their work seriously like any other govt official.

You come here time to time and ask what to file when to file, many legal experts will guide you, that will be the best way forward.  And then keep pressurising this lawyer to do what has been suggested here.  All the best.  Come here again.

Thank you so much Helping Hand for your kind reply. You have always given me very good guidance earlier too.

Even I was trying to extract work from him all these days, atleast to get the worth of the amount I have paid to him. But he just doesn't want to work. Probably he is not very well versed with law either. He keeps giving me wrong advice, which I have fortunately not followed so far. Eg. He has been pressurizing me to file 498 A on my husband and family, although he knows very well that I am seriously trying for a re-conciliation. .If I have not  even put any accusations against my husband so far, inspite of having proofs in some cases............then how can I use 498A on him ?

My husband filed a divorce petition on me and after that he is using different pressure tactics to make me succumb to his demands. But inspite of whatever he has done, the stress he is causing to me is much lesser than what is being caused by my lawyer.

Whenever there is anything to be drafted like WS etc, its me who does the drafting, instead of my lawyer.He just goes through it haphazardly at the last moment and puts in one or two legal terms here and there, before submission. If I do mistakes, then those mistakes remain there and nobody corrects them.

And I dont know how to get work done from him. He refuses to answer my calls or msgs and very cooly absents himself on the court date. Even if he appears, he makes sure that he does some goof up and thats how he is ruining my case

Yet, let me see if I can try and get him to work, mainly due to my financial constraints. I really cant afford a new lawyer. And this one is not even allowing me to file a claim for my legal expenses so far.

Hello Pooja, Thank you for the appreciation. If he wont work at all, then better ask your money back. Also file complaint against him in bar association and cc to judge. Which place are you from? If possible I can suggest you some good lawyer. Dont file any cases against your husband, that you do, marriage end surely. Try to meet husband, and talk to him, ask him money directly for your expenses, thats a lot better than filing 125 crpc which will actually commercialize your marriage.

Pooja, read this post i shall post now on the forum, keeping you in mind......

Charlie 22 Guru..On Flyover A2 in Maruthi..Sir, 138 Advocate

tips on interacting with a lawyer after deciding upon the right advocate-----

Really I appreciate you even though your Lawyer mentioned to file 498A. You didn't.

Natarajan Sir & Helping Hand gave there valuable advice. Hope it helps...

Please Pray to God with Love & Devotion and your Prayers will be heard. 

Funny Story : But has valuable meaning..

In a small town in America, a person decided to open up his bar
business, which was right opposite to a church. The church & its
congregation started a campaign to block the bar from opening with
petitions and prayed daily against his business.

Work progressed. However, when it was almost complete and was about to
open a few days later, a strong lightning struck the bar and it was
burnt to the ground. The church folk were rather smug in their outlook
after that, till The bar owner sued the church authorities for
$2million on the grounds that the church through its congregation &
prayers was ultimately responsible For the demise of his bar shop,
either through direct or indirect actions or means.

In its reply to the court, the church vehemently denied all
responsibility or any connection that their prayers were reasons to
the bar shop’s demise. In support of their claim they referred to the
Benson study at Harvard that inter-cessionary prayer had no impact !

As the case made its way into court, the judge looked over the
paperwork and at the hearing and commented:

"I don’t know how I am going to decide this case, but it appears from
the paperwork, we have a bar owner who believes in the power of prayer and we have an entire church and its devotees that does not."

Bottom Line:

God hears your payers. But it's your concern when your neighbor's wall is on fire.

It’s not complicated. U r just not street-smart. That’s all. You need to smarten up. I’m sorry to say but sometimes u got to treat human beings like dogs. U made an error when u paid 50% of his fees upfront. U should’ve paid him in installments every month, or two months, after a court date. Always wait until the dog fetches u the ball before throwing a bone to him. No disrespect to the lawyers because this is not limited to advocates. I was buying two plane tickets to India and the travel agent was fawning and wagging his tail at me like a dog. After I bought the tickets, I needed to correct a spelling error and suddenly, he became the hardest person on earth to get in touch with. I had to call the airline myself to correct the error. You’ll be surprised how many home owners, in a country I live in, r upset that the renovators r not completing the work after being paid. You see, the home owners failed to treat the renovators like dogs. This is the reason the employer pays it's employees after they've worked. If it paid upfront, some of the employees won’t show up for work after receiving the pay. They’ll either be sick or their grandmother will pass away again. Some might not even call to explain their absence. 

I’m also like ur advocate: even if there’s a considerable amount sitting in my savings account, all I care about is making the next buck. I do not appreciate the money already made. I'm smart enough to know, just like ur advocate, that I do not need to work for the money already in my bank account. Rather I'm worried about the money that hasn't reached there yet. Even a father, who is foolish enough to give away his wealth to his children while he’s alive, may feel his children’s boot soon after. My favourite writer wrote a play based on this kind of behaviour; if ur English is good, u should read the play ‘King Lear.’

Again, this issue is not limited to advocates. The only solution is to pay in installments in accordance with the work being performed.

All the talk on what the Judge says or warns you to do and what your advocate does is a lot of  shakespearean  sound and fury signifying nothing.  Your case will most likely go to the appeal court because that is what usually happens to orders in Family Court when litigants can afford High Court advocates. At that time, there is no record anywhere before the High Court of what the Judge said and what your advocate did. 

So... file an application with the Court (i.e. Judge) asking permission to change the advocate and requesting time to find another advocate. Provide all the details and reasons with specificity.  SPECIFICALLY STATE CLEARLY THAT SOME OF THE SUPPOSED CONSENTS GIVEN BY YOU WERE NEVER GIVEN BY YOU AND THAT YOU CONSIDER THE SAME TO BE FRAUD UPON YOU AS WELL AS THE COURT AND PRAY THAT THEY BE RESCINDED IMMEDIATELY.  Then, in the application itself, state that you will be asking the advocate to refund your fees. The Family Court or any Court has no jurisdiction to compel the advocate to return the fees but the fact that you have mentioned it in the application puts pressure on him to do so.  Filing a complaint with the bar association is usually a good step to be taken simultaneously but be assured that the bar council will find some way to trivialize his acts as non-actionable mistakes.  Yet, it helps to file a complaint with the Bar Council. Just turns the pressure up... 

OK... now you at least have the advocate's blunder on the Court record in the form of an application. It will show itself on the docket (Roznama as it is called in Indian courts, or so I think) of the case. Get a copy of the Roznama and make sure that it is indeed there.

Now you have put the Judge as well as the advocate on notice and they are both aware that the written application will now expose the facts during appellate review. The Judge will be compelled to act. The advocate will take you seriously and try to negotiate some refund of fees with you. Take a firm stand on what you want to recover. Then change your advocate.  I can write a whole book on how to deal with advocates but the above advice should suffice to handle your immediate problem. 

A big thank you to all my learned friends, for taking time out to answer my query.

Each and every reply has helped me get a clear understanding of legalalities of my case. Now I am better informed and can plan my next moves accordingly. I suddenly feel I am MUCH WISER today, than what I was YESTERDAY.

Thanks to everyone, once again.

hi:
in Discussion > Family Law > Divorce > Divorce - evidence for ws opposing divorce
 Actually I am looking for a re-conciliation / patch up with my husband. We are separated for more than 2 years. I am being very choosy about producing my evidence. I still have very good relations with my husband's relatives and few close family members. I don't want to produce anything that deteriorates my relations with them and becomes a reason for breaking-up, rather than patch-up.

gud to knw tht u r spl. Frm ur abv thght bt frm very nxt thread it seems u wish to continue the matter further.

Discussion > Family Law > Divorce > Lawyer seems to be fooling me
Eg. He has been pressurizing me to file 498 A on my husband and family, although he knows very well that I am seriously trying for a re-conciliation. .If I have not  even put any accusations against my husband so far, inspite of having proofs in some cases............then how can I use 498A on him ?

wht mk u away frm re-concillation ? it would be fine if u mention the cause tht refrain u frm mking re-concillation fr one to give u right advice.

Discussion > Family Law > Marriage > Wife has abandoned me and our five year old daughter
Many people will suggest the latter, but with my experience, I can say, that its a very tough decision to break your own marriage with just one signature. Do what your heart tells you to do.......and your decision will never go wrong.

“I can say, that its a very tough decision to break your own marriage with just one signature.” Completely agree with u. impress with ur thought.


Discussion > Family Law > Others > Harassment from ex-lawyer
frm the thread u hd already changed it. Gud. Appreciate ur decision.

frm various thread, it does appear tht u r practical and wish to reconcile with ur hubby bt fail to understand wht prevents u to do so and moreover where is the question of changing the lawyer in reconciliation process ? does the presence of tht lawyer hurdle in ur process ?

wish u best of luck in ur reconciliation process.
Hope u r the person who say those thing when he/she  preach to himself/herself thnonly.