Case against a lawyer

Sharad m Krishan (Querist) 28 February 2023 This query is : Resolved
Is it true that a client cannot approach Consumer Court for filing a complaint against a lawyer for negligence and professional misconduct ?

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It is indeed possible to file a complaint against a lawyer in Consumer Court for professional negligence or misconduct. However, success hinges on proving a 'deficiency in service' rather than simply losing a case on its merits. Losing a case after proper legal argument doesn't automatically constitute negligence by the lawyer.

kavksatyanarayana (Expert) 28 February 2023
Please state facts of the query.

Dr J C Vashista (Expert) 01 March 2023
No, the statement is untrue.
It is better to consult and engage a local prudent lawyer for proper analyses of facts / documents. professional advise and necessary proceeding

Advocate Bhartesh goyal (Expert) 01 March 2023
Yes, complaint against Lawyer/CA can be filed for his professional negligence/carelessness before Consumer Commission.

P. Venu (Expert) 02 March 2023
There have been very few instances where the litigants have approached the consumer fora and have been successful in securing remedy against the lawyers.

The settled position appears to be that only in a case where it is found that there was any deficiency in service by the advocate, there may be some case. In each and every case where a litigant has lost on merits and there is no negligence on the part of the advocate/s, it cannot be said that there was any deficiency in service by the advocate/s. If the submission advanced on behalf of the petitioner is accepted, in that case, in each and every case where a litigant has lost on merits and his case is dismissed, he will approach the consumer fora and pray for compensation alleging deficiency in service. Losing the case on merits after the advocate argued the matter cannot be said to be deficiency in service on the part of the advocate. In every litigation, either of the party is bound to lose and in such a situation either of the party who will lose in the litigation may approach the consumer fora for compensation alleging deficiency in service, which is not permissible at all.

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