Anonymous
21 June 2024 at 09:42
Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to our democracy. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines that are already in place.
The Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party" This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Personal Experience and Systemic Flaws
Recently, I encountered a troubling situation firsthand. My tenant claimed INR 400,000 for renovations after 24 years based solely on an alleged oral agreement with my father in 1999. This claim lacks any supporting documentation and contradicts the Statute of Limitations, which prescribes a three-year limit for oral agreements. Additionally, the timing of the claim and continued rent payments further undermine its credibility. Unfortunately, such baseless claims are becoming increasingly common.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.
I HAVE UPLOADEDABOVE PETITION AT https://chng.it/g8T7vPVCbn PLEASE SUPPORT THIS PETITION TO ESTABLISH RULE OF LAW.
raju
02 June 2024 at 22:23
In private care centre employee appointed as adm manager but his nature of duties were of clerical like typing entering data in computer work and filing of papers. My query is can he be defined as workman under the industrial despute act. His salary was less than 20000/- per month
Anonymous
31 May 2024 at 17:28
I need legal advice regarding my appointment as a daily wage worker (data entry operator) in NIT Raipur in 2013, with not- sheet approval. I am working still now.
Om Ali
23 May 2024 at 12:50
Dear Sir
Good Day
Hope you all are doing well
I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.
At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below
1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.
It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police
Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,
Thanks you all with all for your time reading and suggesting.
Thanking you
Samy
jobstervijay
28 July 2022 at 04:36
there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice
1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser
2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )
where to approch to force lawyer to prove authority
plz note,wordis force
gurinder singh
27 July 2022 at 14:34
e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?
Read more at: https://www.lawyersclubindia.com/forum/penalty-under-vat-for-expired-e-way-bill-225228.asp
Anonymous
26 July 2022 at 19:01
Respected Experts,
I am a Newly Enrolled Advocate need some guidelines from the seniors,
Please guide me with caselaw for Cancellation of bail of an Accused who is released on Bail under section 375 IPC.
BALKAR SINGH
23 July 2022 at 18:28
Sir what is the policy on pay fixation of Ex-Servicemen reemployed in Cooperative Bank. Is there any pay protection for Ex-Servicemen or not.
Anonymous
18 July 2022 at 14:07
We have following clause mentioned in offer letter for RSUs or bonus:
"For purposes of this document, Participant's employment or service will be considered terminated as of the date Participant is no longer actively providing services to the Company or its Affiliates Unless otherwise determined by the Company or as set forth in a written agreement between Participant and the Company, Participant's right to vest in the Plan will terminate as of the Termination Date.
The Termination Date will not be extended by any notice period (e.g., Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction where Participant is employed or otherwise rendering services or the terms of Participant's employment or service agreement or other employment or offer letter (if any)."
Now the confusion is if the employee is getting RSU vested during notice period or about to get bonus during notice period then as per this clause can he get the bonus or will the RSU vest? we are confused with following particular statement:
"Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction
Now suppose employee is having 2 months notice period and he is supposed to get bonus in 2nd month of notice period what will happen as per the above clause? will he lose the bonus/RUSs? or he will get it as normal?
Thansks,
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Religious endowment and share of pujari in temple offerings
My grandfather was mohtamim of a temple in 1972. After his death my father was appointed as a mohtamim by DC Kangra in 1983. Accordingly, my father managed the temple affairs and performed puja exclusively till 1997.
In 1997, HP Govt. takeover the control of the temple and formed a committee under the chairmanship of SDM to manage the temple.
Being an exclusive pujari and mohtamim of the temple, the Committe assigned 12 months puja and 20% share in the offerings of the temple to my father.
In 2013, SDM made an adverse decision and divided puja and share among 4 brothers of my father stating it the matter of inheritance.
Whereas my grandfather has made a will and bequeathed puja rights exclusively in favour of my father.
1. Whether puja right is a matter of inheritance?
2. Share in offerings which started first time in 1997 is partible among 4 brothers of my father ? whereas my father has performed puja exclusively since 1983 to 2013.
Please advise me