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rs (Engineer)     21 May 2013

Lawyer falsely asking for fees

I called a lawyer remotely and discussed regarding a case. To assist him and get a better understanding of what the initial analysis, I supported the laywer through the some documents of the already pending case and emailed him the same. I clearly mentione din the email if he needed more documents please ask for it and do not withdraw papers (I knew he would spend more time, effrot, and cost to retrieve papers and then ask for the same later).

 

However, i feel the lawyer unlawfully withdrew more court papers, which I alreayd had, plus went into details more than what I was looking for. We did not contact again as his fees of 3 lakh rupees was a lot.

All along, I asked him the initialconsultancy  fees and he said that  i shall not worry about it. Now after a month, out of the blue he sent me an email saying I owe him some 30000 rupees and if i do not pay he will issue legal notice.
 
I have NOT signed any vakalatnama, i have not signed anything, I have not even through email agreed to his fees of 30000, but merely by talking to him twice, he is threatning me a legal notice. I am not refusing to pay him but what i am surprised is that how can he withdraw more papers from court when he is not my appointed lawyer, i was only calling him to give me a headstart. He could have asked for permission to withdraw and at that time i would ask him his fees and matter would be resolved right then but by doing work under the table, he probably feels cheated , which is not right because i never asked him to do this, its not legitimate without my consent even after refinforcing in email to not remove any papers but to ask me.
 
So My question is that if i have on email clearly stated do not withdraw docuemtns, and have not signed to make him my lawful advocate, is he allowed to withdraw all court papers on my behalf (actually that too it is for my dad), and then forcefully show bills for withdrawing papers (he said on the bill in hindi that this bill is for wthdrawing documents) and charge me money? Is this right? Can he sue me for not paying him? What should i tell him? :(


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 5 Replies

SRISHAILA.DHARANI (Advocate&consultant)     21 May 2013

He cant ask you like that.He may spent some hours to advice you , but for that his culsultation will be may be 2k - 3k , thats it or not more than 5k.

Dont worry about, but if he still insists that, then tell him that, you are going to file a complaint against him saying that your are being harrassed by him.Infact it amounts to "EXTORTION OF MONEY BY ILLEGAL MEANS"

 

SRISHAILA,ADVOCATE,BANGALORE,9741425514,SDHARANI120@GMAIL.COM

rs (Engineer)     21 May 2013

Hi Sri, 

Thank you so much for this. I called the lawyer told him about this and another advice I got on this forum on experts column is that this is misconduct like you said. He said to tell the lawyer that I shall be compelled to make complaint against him before Bar Council under section 35 of Advocates Act, 1961 . The lawyer was shaken, and he knew he what he was doing was not right. Quckly he said I will file FIR against your entire family and there he goes, another threat. Now, he wont answer my calls, but I emailed him at length that this is not right, and he cannot withdraw douments illegally without being my lawyer and my signatures, vakalatnama or equivalent document. 

I requested him humbly that he should stop emailing from here on and all threats should stop here otherwise Iwill have to complain before the Bar. I just hope he doesn't do something crazy like FIR and all this.

And you are right, I did pay once before last year 3000 to a lawyer for talking to him for 2-3 days, and he said its ok and was even shy at first, then he said 3000 but he neevr withdrew any documents without my permission and infact mailed me vakalatnama and i signed and then he proceeded. But this lawyer is just too much. 

 

I hope my family is safe.

 

 

dr g balakrishnan (advocate/counsel supreme court)     21 May 2013

Mr.Engineer sir,

your problem is genuine. in all your emails first clearly know what lawyer will charge you for your case, yes yu need to clearly explain your matter and you not give him case particulars like case numbers and years. once fee is settle then you can give other particulars. Else things will be like cart before the horse. clients also cheat lawyers but lawyers do not file case against them; for that action deters other clients approaching the lawyer; similarly clients once lodge unnecessary complaints before bar council and cases then no lawyer helps the client too though laws are saying so many things;

see in IPL case kapil says stringent laws cannot stop IPL  fixing, that is the reality;

truth is you as a client can file your own cases before any court as you are the cause of action and is even now valid even in supreme court; but you will not; as you are not equipped with law  and law positions per various judgements.

you can see, magistrate court clerks function as touts for that court lawyers by threatening clients that they cannot file affidavits though first right lies with the client and advocates are just helps;  clents need to be aware of their own rights;

 

in a metropolitan court at bombay/mumbai, a court clerk told the client to file her affidavit in matter, as she cannot take a senior lawyer as fees are unaffordable, but the clerk as tout of some magistrate court lawyer told her she cannot file her Affidavit is identified by a senior lawyer of bombay high court; the clerk had temerity to tell her senior lawyers say anything that is nothing in a sarcastic manner, yes the client can send a complaint to registrar general of the high court in its adminnistrative jurisdiction of state's courts in that particular state. that way laws are there but yet clients are intimidated by very court clerks unless court vigilance arrests and dismiss such clerks by due domestic enquiries;

 

ye vigilance does not do jobs; clients ddo not complain what happens then court clerks just misbeghave with clients, nothing short of rape these days;

Laws are there in place, say even in under 138 cases, where cheques not directly connected  to debt asect complaints can be summarily dismissed but how many magistrates/lawyers really know that aspect but all of them really give threats to Accused; seee banks use security cheques usec 138 of NIA but not legallly tenable, only cheques directly related to debt obnly can attract sec 138 besides even sec 138 is only a civil liability but every lower court sends accused to jail without being convicted,what do you call the court men!

 

so if you are really not aware of relevant things you just get into tornodoes of courts.

 

simply  ignore that lawyer who threatend you as he seems to be living on as some advocate, unlike in the past advocates were not dependent on advocacy income but today due to too many bys and girls get law degrees and get sannad and practise without knowing what is legal practise and fall into traps like IPL fix kind, forget about them instead of wasting your precious time; retrieve your case papers copies; perhaps that unfortunate greedy lawyer may return you withut any demur sooner or later.

 

conseve your precious time is my advice wit about 50 years law practise in constitutional courts.. dr g balakrishnan  

Sudhir Kumar, Advocate (Advocate)     21 May 2013

let him file civil suit after paying court fee and then let him prove his rates by providing his IT returns.

Kumar Doab (FIN)     22 May 2013

Learned experts/members have given valuable advice.

Kindly follow it.

 

 


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