Complaint on cheating advocate

MAHENDRA (Querist) 10 July 2021 This query is : Resolved
Sir🙏 I really didn't want to embarass the advocates nor it's my intention But I have some doubts, Kindly help me to get clarify my doubts

Sir in any case we have full evidence but if the case is lost can we complain on the advocate who argued the case? Or what kind of compliant can we make on such an advocate if our advocate takes money from the opponent party and deliberately loses our case?

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If you believe your advocate deliberately lost your case, especially if you suspect they took money from the opposing party, you may be able to complain. However, simply losing a case, even with good evidence, isn't enough. You'll need to prove the advocate acted against legal procedures or with malicious intent. For cheating specifically, you'd need to prove the elements of cheating as defined by the IPC, which is rare. If you can't prove misconduct, consider appealing with a new advocate, as choosing the right legal representation is ultimately your responsibility.

K Rajasekharan (Expert) 10 July 2021
Just because you failed in a case and you believe that the case was will full of perfect evidence to get a win you cannot make a complaint against the advocate.

If he has followed all the procedures and processes properly you cannot make a complaint against the advocate.

But if you can convince others that the advocate has done something against the well-established procedures and processes of the legal profession and did it in a manner what a prudent advocate will not do, you can make a complaint to the Bar Council of your state to take punishment on him.

To file a case against the advocate on cheating you will have to prove all the ingredients of cheating provided in the IPC against him. Only police and court can take up a case on cheating against him. A case on cheating on an advocate succeed only very rarely.

In case you cannot attribute any malfide intention on the part of the advocate it is better to ignore the issue and go in for an appeal with a new advocate of your choice.

The party coming to the court to file a case has a great responsibility in choosing the right lawyer for your case. If the petitioner fails in his choice, he will have to take the blame as well. No one is imposing a lawyer on any petitioner when coming with a case.

If you choose a wrong tool or product among an array of such things, you will have to bear the consequences.

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P. Venu (Expert) 12 July 2021
yes, there could be no remedy just because you lost your case. It could be that you had a very weak case!

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