Return of documents
Krishnaraj
(Querist) 16 December 2011
This query is : Resolved
Dear Sir,
I have hired a lawyer for settling issues related to my father's property. It is been more than 2.5 years now, The lawyer i engaged always lies saying, next week, this week, next month etc. I have paid more than 2000 for doing nothing.
I have requested him to return back all the documents i have given to him, again he keep on says next week, come tomorrow.. he neither give back the file, nor do the necessary thing. How can i get this file from him. Is there any bar council where i can raise this issue. I want my all files to be back.
ajay sethi
(Expert) 16 December 2011
you should as a matter of practice never give your advocate original documents .
send a letter to him requesting him to return all orgiinal documents lying with him within period of 7 days . also mention that if fals to retrun original documents you will be constrained to file a complaint against him before the bar council
V R SHROFF
(Expert) 17 December 2011
I agree with sethi.
ask him to give Appointment, date and Place where you will return my Ori Doc & Fees of Rs. 2000 paid to you, within 7 days.
Advocate cannot retain Client's Documents or Papers even if fees not Paid.
Shailesh Kr. Shah
(Expert) 17 December 2011
An advocate should keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.
Since, no action taken by advocate, ask him to return with original documents. If he don't give, complaint at the Bar Council.
M V Gupta
(Expert) 17 December 2011
Non return of the files and documents is serious mal practice on the part of the Advocate. Take actioon as suggested by the learned experts.
Guest
(Expert) 18 December 2011
Advice of Shri Sethi can suit you the best.
RAJU O.F.,
(Expert) 18 December 2011
Send a Regd +AD letter to the lawyer requesting to return the original documents and also the fees paid by you and also inform him that, if he failed in responding positively, you would complain to Bar Council.
