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Divorce lawyer has cheated us and deceived us. please help us

(Querist) 02 October 2013 This query is : Resolved 
Hi,

The lawyer where we have filed Divorce case has deceived us.

He took close to 3 lakhs and the details are given below

Divorce Case Fee : 30k

Quash Petition : 1lakh

To get Chargesheet and Case Diary copy secretly before summons were issued: 1 Lakh so that quash petition can be applied well in advance

and he took 70k for using the help of other persons
who he would take help of.

At Last we came to know that he is a big fraud lawyer .He did not file a Quash Petition as well.Though he was telling that he has already filed a quash petition but never used to give us the details even after asking repeatedly but the fact was that he did not file a quash petition at all and was simply bluffing .
Now is there a hope for us to get back the amount that was taken rather robbed from us.

For the past 5 months we have been requesting for the money but he keeps telling us that he would give it in next 15 days and starts postponing it everytime we call for it.
But we know that its just a game that he is playing and came to know only after 5 months.
As a proof we have a video recording where in it was clearly recorded of the fact on how he behaved with us,

How he threatened to kill us ,

How he attacked us all , me , my brother and mother and also how he admitted the fact that he received the amount in total i.e 3lakhs.

I would like to approach Bar Council .So can you please suggest what would be the consequences if I approach.
Will I be facing any additional issues apart from the ones that i already have.
Already i am facing 498,Divorce,RCR,Maintaince cases.
Require your guidance on this.

Please help me
Already i have taken NOC from him and hired another lawyer.

deepak kumar (Expert) 02 October 2013
first thing to be kept in mind is that whatever he has charged you as fee, however exorbitant it may sound it was paid by you willfully.
now the question arises is that no petition was filed inspite of payment of fees. For this you have a remedy of filing a complaint petition before the respective bar council.The bar council will initiate a proceeding against him.The additional issue you will have to face is that you will have to appear before the disciplinary committee when asked for your statement.
as far as the acts of attacks etc. are concerned you have the option to file a police/ complaint case. In this case you will have to face additional burden of giving your statement to police / statement before the court but in all fairness you should take steps so that these type of things do not take place with some other person.
regards
ajay sethi (Expert) 02 October 2013
i do hope that you have made payments by cheque and not cash and that you have taken receipts for payment made . if he had taken 1 lakh for filing quash petition and has not done so file complaint before bar council
R.K Nanda (Expert) 02 October 2013
u can file complaint before bar council.
Rajendra K Goyal (Expert) 02 October 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad (Expert) 03 October 2013
You should file a complaint under section 35 of Advocates Act, 1961 with Bar Council of that State. Sch black sheep should be weeded out from the noble profession being professed by noble persons. Non-filing of case is a big crime.

Bar Council can cancel the license of such lawyer and can penalized more harshly.
DEFENSE ADVOCATE.-firmaction@g (Expert) 03 October 2013
The story is not convincing.

He claims to have paid 1.7 lacks just for getting copies.

If it is true THAN he is also accused for bribing public servants.

And as DEEPAK KUMAR has detailed that for complaint to bar council you have to give affidavit and appear with good advocate before bar council, otherwise the complaint will BOOMRANG on you.

IT IS EASY TO MAKE NOISY LOUD WILD ALLEGATIONS BUT NOT EASY TO PROVE THEM.
Raj Kumar Makkad (Expert) 06 October 2013
Allegation is required to be proved by querist but he has a remedy to move it.


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