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.
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
IRSHAD ANSARI 8354
15 July 2022 at 20:59
सर्
मोटर एक्सीडेंट क्लेम में वाहन के स्वामी के खिलाफ आर्डर पास हुआ है।रिकवरी सर्टिफिकेट कोर्ट द्वारा जारी हुआ।कलेक्टर के यहां से यह जवाब आया कि वाहन स्वामी की मृत्यु हो गयी है।वाहन स्वामी के नाम से जमीन है।क्या कोर्ट जमीन को कुर्क करने का आदेश दे सकती है।कोई रूलिंग है।
Anonymous
21 April 2022 at 16:13
we received a false cheque notice , the cheque was bounced and after receiving the intimation of the same, we after 16 days by way of RTGS made them a payment of cheque amount, they received it and accepted it , and still they have sent us 2 notices, one for under section 138 and second for cancellation of sale deed , against which said cheques were issued, as 138 cannot be applicable to us as they received and accepted the payment , now can we file any counter suit on him for sending wrong notice like defamation or any civil or criminal suit.
Kindly guide .
Anonymous
03 April 2022 at 15:08
Mene property purchase ki he meri sell deed paper pe red stam lagi hui he sdm se notice bhi aya he me ye janna chata hu ki ab hum kya kare jis se ye sab solved ho jae
konidena adv subrahmanyam
08 December 2021 at 12:18
Respected sirs
I have two quieries
1.is it mandatory to appoint mva hr under fcra, if so under what section, rule or notification
2. Is it mandatary to appoint purchase committee under fcra to finalise purchase contracts enter the same in minutes books. If so under what section, rule or notification
Kindly advice
Adv K. V. Subramanyam
Anonymous
23 November 2021 at 12:28
Little lengthy - but its urgent- kindly guide me.
BRIEF NOTE BEFORE DETAILS: Main reason for posting here is because someone from the Ombudsman office (Assistance Secretary to Ombudsman (A.S.O), who was with the judge in the hearings) has been calling me several times asking me (literally threatening) to withdraw the cases and settle with a compromise with the Insurance company (the terms of which he will speak to company and arrange) or else I will not receive any refund and cases will be reversed. Inspite of that I went ahead with the hearings based on someone's suggestion.
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Anonymous
23 November 2021 at 12:26
Little lengthy - but its urgent- kindly guide me.
>>>
BACKGROUND
My father is 80+ and suffering from Alzheimer's/dementia. He receives a pension of 25K per month. Prior to the diagnosis of his disease, he fell victim to mis-selling of 13 insurance policies by 2 agents in just 2 yrs time - total premium around 25Lac p.a for 5 - 6 years. From what the doctor told and from learning more about Alzheimer's, it is clear that he had serious memory decline already at that time and was not in a position to handle financial decisions. The agents have misguided him heavily as he was not in a position to oppose when they were dumping policies to him. My parents were staying in different location at that time and I was not aware of any of his finance etc.
They are all life insurance policies given in the names of me, my sister, my mother and my daughter. In some cases agents have filled wrong salary and rental income details in the proposal form for myself and my sister whereas both are home-makers and have no personal income. I was not aware that so many policies were given and secondly my father had told they were like FD to avoid tax from some maturity amount he received so I thought it was only one time investment. After 2 years,( in 2019-2020) the policies started lapsing and by this time my father had total memory loss and is not in a position to even remember anything. I got to know all this when I started receiving several calls on my fathers mobile for premium payment. After a lot of research I understood that the agents had sold policies knowing somehow about his maturity money and must have definitely known that he cannot pay more that 2 yrs premium.
First I raised complaint with the companies. Some 5 polices have been cancelled and refunded by the company itself, these are lower value polices < 1 lac per annum.
For the others where the company refused to cancel and refund, I had raised complaint earlier this year with the local Insurance Ombudsman and the Policies have now started to come up for hearing with ombudsman, on different dates.
1) In the first case, policy is in the name of my daughter with my father as proposer. Ombudsman asked to refund the amount due to some technical mistake in selling- grandfather to grand daughter
2) Second policy, in my mother's name (she is the proposer and life assured, currently 69yr old) In this 3 premiums totally 2.4 lacs have been paid. The judge said since my fathers name is not involved in this, he cannot treat this policy like the first one. He has ordered the company to make it a single premium policy.
3) In the third policy, my sister is the proposer and life assured. Premium around 2.5Lacs Half yearly and 3 premiums have been paid. My sister is uneducated and no personal income. The judge questioned the company how they could give policy to someone with no capacity to pay premium - sum assured is 50Lacs. They have given them 2 days time to contact the broker company and come up with the explanation. I am waiting for the ombudsman decision.
My queries:
1. In the case where policy is converted to single premium, will the insurance company deduct some amount as administration charges etc or is the full amount taken for premium.
(The ombudsman did not mention about any deduction but the A.S.O who called me again after hearing said there will be deduction.)
2. Given the heavy mis-selling, should the judge not order for refund all amount even if it is in the name of my sister or myself. He said he would not treat all cases same as they are in different names.
3. The policy in my name is nearly 7 Lac per annum premium. And 2 yrs premium paid. The A.S.O has warned me again for this that if I go for hearing, the ombudsman will reject my case as I am educated. So he said he will talk to company and settle something and I should withdraw with compromise. Is he guiding me correctly?
Anonymous
19 November 2021 at 15:29
Hello
I wanted to know what is the process of resigning as a managing trustee and transferring the same post to one of the trustees, also there is no resignation clause in the trust deed? Kindly suggest the legal methods to do the same
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Reinforcing rule-based adjudication in proceedings
[11:00 am, 21/6/2025] Bharat Khatwani: I had lodged complaint against advocate in bar council for sending legal notice without verification of legal merit so I had lodged complaint against advocate. As reply of advocate was not satisfactory,bar council has decided to institute inquiry and has asked me to send rejoinder in 5 copies.Please do fact check and make following draft legally valid.
[11:02 am, 21/6/2025] Bharat Khatwani: BEFORE THE BAR COUNCIL OF ***
*** (Complainant)
v.
Advocate *** (Respondent)
Date: June 19, 2025
AMENDED REJOINDER TO ADVOCATE’S REPLY DATED NOVEMBER 6, 2024
I, **, aged * years, residing at ***, solemnly affirm that I am fully conversant with the facts and circumstances of this case. All statements herein are based on my direct personal knowledge, corroborated by documentary evidence, and derived from communications made under my authority. No material facts have been concealed, and the contents are true to the best of my knowledge and belief.
Respected Sir/Madam,
I hereby submit this amended rejoinder in compliance with the directions issued by the Hon’ble Bar Council. The Respondent’s reply is manifestly evasive, factually insufficient, and lacks any certified documentary evidence, relevant provisions of the Bar Council of India Rules, or other statutory authority to substantiate his claims. Notably, the reply fails to address the core allegations and supporting enclosures of my complaint and does not provide point-wise rebuttals as mandated in disciplinary proceedings. Such omissions impede a fair, transparent, and effective adjudication of professional misconduct.
In accordance with the standards prescribed under Chapter II, Part VI of the Bar Council of India Rules and Section 35 of the Advocates Act, 1961, it is incumbent upon the Respondent to respond substantively and truthfully to all allegations and to substantiate his defense with verifiable, contemporaneous evidence.
To facilitate a just and expeditious resolution of this matter, I respectfully request that the Hon’ble Disciplinary Committee direct the Respondent to produce all documents upon which he intends to rely. These documents should be duly notarized or certified and contemporaneous with the events in question. Such a direction will enable the Committee to concentrate on the substantive merits of the case, eliminate irrelevant or extraneous issues, and prevent unnecessary disputes over facts that can be readily verified from official records.
I trust that the Committee will take appropriate measures to ensure that these proceedings are conducted fairly, transparently, and in accordance with the highest standards of professional ethics.
I. FAILURE TO UPHOLD PROFESSIONAL DUTIES
1A. Reliance on Client Instructions – Dereliction of Professional Obligation
The Respondent claims he drafted the legal notice dated September 25, 2023 (Enclosure 3), purely based on client instructions. This defense is untenable. An advocate is not a mere stenographer; client instructions do not absolve them of their fundamental professional obligation to exercise independent judgment and verify the factual and legal soundness of claims. Issuing a legal notice, especially one containing exorbitant and unfounded demands, without diligent fact-checking constitutes a serious dereliction of duty and directly violates the standard of due diligence explicitly required under Rule 4 of Part VI, Chapter II of the Bar Council of India Rules. Such conduct undermines the very integrity of the legal profession.
1B. Unverified, Exorbitant, and Unlawful Demands
The Respondent’s notice (Enclosure 3) was demonstrably wrongly addressed to my deceased mother, Smt. *** (passed away on October 10, 2023, per Enclosure 1). The notice demands a staggering and arbitrary sum of 150 years’ rent—120 years at ₹300/month based on an alleged 24-year-old oral agreement, and 30 years of rent for unauthorized repairs—without legal basis or supporting documents. These demands are contradicted by the Tenant’s Letter dated August 4, 2011 (Enclosure 6), and the Correspondence Reaffirming Ownership dated November 30, 2023 (Enclosure 7). This violates Rule 5 of the Bar Council Rules which bars misleading and improper conduct.
1C. “No-Visit” Claim – Blatant Abdication of Duty
The Respondent admitted he did not inspect the premises or verify any repair costs. This abdication of duty violates the advocate’s professional obligation to verify facts (Rules 4 and 13). By blindly parroting unverified client claims, he reduces himself to a mere agent, breaching both the letter and spirit of the Bar Council Rules.
II. FALLACY 1: ALLEGATION OF OBSTRUCTIVE INTENT – A Malicious Diversion
The Respondent alleged that this complaint was filed to obstruct his representation of the tenant. This is demonstrably false. At the time of the complaint, no litigation was pending where the Respondent represented any party against me or my late mother.
This complaint is strictly limited to the issue of professional misconduct—i.e., the issuance of a patently false and coercive legal notice. Diverting attention to alleged motives violates Rule 5 and attempts to shield misconduct by attacking the complainant, in violation of natural justice.
III. FALLACY 2: DISPUTED STANDING – A Baseless Tactical Diversion
The Respondent argues the notice was not addressed to me, hence I cannot complain. This is false. The Tenant’s Letter dated August 4, 2011 (Enclosure 6) acknowledges me as owner. My reply (Enclosure 4) was sent in that capacity, and supported by land records (Enclosure 2). Section 35 of the Advocates Act allows complaints from any person. Thus, the objection is legally frivolous and ethically revealing—it deflects scrutiny rather than addressing misconduct.
IV. FALLACY 3: FALSE AUTHORSHIP & MISREPRESENTATION – Deliberate Deception
The Respondent falsely claimed that my reply was authored by my late mother. This is a blatant misrepresentation: she passed away on October 10, 2023 (Enclosure 1), and my reply to his notice was written and signed by me alone. He also mischaracterized the content of my reply, ignoring its clear denials of:
Ownership claim by tenant
Alleged bank rent deposits
Alleged oral rent agreement and liability for repairs
Such misrepresentations are unethical and violate Rules 4 and 5.
V. FALLACY 4: UNSUBSTANTIATED & CONTRADICTORY CLAIMS – Pattern of Fabrication
The Respondent's reply includes:
Alleged rent deposits—no proof provided
Exorbitant demands—no breakdown or proof
Oral agreement—no past reference or record
Coercive threats—issued without legal basis
No follow-up litigation—indicating intent to intimidate, not litigate
These contradictions confirm a pattern of fabrication, not good faith legal representation.
VI. ABUSE OF LEGAL PROCESS – Systematic Derailment of Inquiry
The Respondent has repeatedly:
Distorted facts
Maligned my motives
Raised frivolous objections
Dodged direct evidence
Such tactics sabotage legitimate disciplinary inquiry and should not be condoned.
VII. CALL FOR DOCUMENTARY INQUIRY & PRODUCTION OF EVIDENCE
The Hon’ble Committee is requested to direct the Respondent to produce within 7 days:
Legal Notice dated September 25, 2023
Proof of service to Smt. ***
Instructions or affidavit by tenant Shri ***
Bank statements showing rent deposits
Cheque/counterfoil of ₹3,600
Receipts or rent records
Evidence of the alleged 24-year agreement
VIII. PRAYER
I respectfully pray that this Hon’ble Bar Council of *** may:
Direct the Respondent to produce the above documents
Proceed based on documentary evidence
Hold the Respondent guilty of misconduct
Impose suitable penalties
Award costs of ₹10,000 for distress caused
Pass such other reliefs in the interest of justice
Yours faithfully,
Ph: ***
Email: ***
Date: June 19, 2025