Lawyer colluded - fees back and punishment
Guest
(Querist) 24 January 2017
This query is : Resolved
During court date, he did not even ask the judge to dispose off the petition even though I asked him to repeatedly to do so. Rather, he colluded with the opposite lawyer. The lawyer then quietly stopped communicating at all
Now I want to demand my fees back from him and also want to take action on him.
Can you please tell me how I may proceed?
Guest
(Expert) 24 January 2017
Unless you have solid evidence for your statements it would be very difficult to Prove and get Results.If you are particular You could file a complaint in concerned Bar Council of your state in detail paying a fee of roughly Rs.2000/- by D/D.Check with your Bar Council.
Guest
(Querist) 24 January 2017
Is it really possible to get "solid evidence" when lawyers collude?
He said he'll come tomorrow and never did. I have phone call records to prove.
Guest
(Expert) 24 January 2017
Only a Practical advise could be Provided and I am Not here to Encourage your grievances.You could file the complaint to your State Bar Council Paying the required fee and could wait for the Result.
Guest
(Querist) 24 January 2017
Sorry Mr. Rajkumar. I didn't mean to be rude with you.
I truly appreciate your responses however.
Regards,
Guest
(Expert) 24 January 2017
For Immediate Results you could Change your Advocate by obtaining Change of Vakhalat Signed by him.You could also send your Request by Speed Post Or by Registered Post wi th ack due,If No Reply from him for 15 days you could change your Advocate basing on the Request Sent.Appoint a Good Senior Advocate to Fasten your Case.Normal Circumstances The Visiting Rights of A Father will not be denied by the Courts.Only in Child Custody the Preference would be given to the Mother.Simultaneously you could proceed with your complaint about your Advocate in your State Bar Council.Better Appoint a Good Senior Advocate they might be Expensive but Result Oriented.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2017
For complaint against advocate only fee is not enough, you will have to hire an expert advocate to conduct the case.
Guest
(Querist) 24 January 2017
Thank you Mr. Rajkumar. Those are indeed valuable advises. I didn't know that I could hire another advocate after waiting 15 days for his NOC. Once again truly appreciate your help.
Guest
(Querist) 24 January 2017
@DEFENSEADVOCATE: On barcouncilindia.org it clearly says:
"Appearance and Witnesses
Parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices.".
http://www.barcouncilofindia.org/about/professional-standards/procedure-for-complaints-against-advocates/
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 January 2017
You can even appear before SC in person but filing a complaint and appearance is not enough, you have to conduct the case and so appear on every date where the bar council meets.
If the matter is not resolved within one year by STATE BAR COUNCIL than it is transfpered to NATIONAL BAR COUNCIL and there after you will have to attend there and conduct the case.
Guest
(Expert) 24 January 2017
If Only an Advocate has grievance against any other advocate he could represent.For any Public Grievance the Concerned Party could Represent and Presence of Any Advocate to represent the Grievance is Not mandatory.Those who have any Doubt Check with your State Bar Council.Better Not to Mislead the Innocent Querist
Guest
(Querist) 24 January 2017
Thank you Mr. Rajkumar.
Guest
(Expert) 24 January 2017
Well Precisely Advised by the Querist.Appreciated
Guest
(Expert) 24 January 2017
If your age and circumstances Permits Mr.Sarma you could also become an Advocate.As there is No Reasonable" Defense" against you Here it Self
Guest
(Querist) 24 January 2017
I will surely. Thank you.
Guest
(Expert) 24 January 2017
Bar Council doesn't Conduct any Cases Only the Complaint Copy would be Sent to the Concerned Advocate for Clarification and then the Complainant and the Concerned Advocate against whom the Complaint being filed would be Called for interrogation.Basing on the Result the Action would be taken.
Guest
(Querist) 24 January 2017
Yes. It is described in the procedure in detail on the barcouncilofindia.org website. I will pursue accordingly. Thank you.
Guest
(Expert) 24 January 2017
Welcome and all the Beat
Kumar Doab
(Expert) 24 January 2017
The presiding officer should be convinced.
Irrefutable evidence helps.
You have been advised in detail.
Wish you the best.
R.K Nanda
(Expert) 24 January 2017
send letter by speed post to concerned lawyer to refund ur fees as he has not done his job well in court as alleged by you.
R.K Nanda
(Expert) 24 January 2017
to claim refund of fees you must have documentary evidence in ur favour.
Guest
(Querist) 24 January 2017
I do. I paid all his fees through cheque or wire transfer not by cash.
R.K Nanda
(Expert) 24 January 2017
if even after ur letter the concerned lawyer do not refund ur fees then you can file complaint in bar council against him.
R.K Nanda
(Expert) 24 January 2017
better settle matter amicably, if possible.
Guest
(Querist) 24 January 2017
Its not just about the fees sir. Fee is actually least important for me.
Kumar Doab
(Expert) 24 January 2017
You have posted that:
"then recently emailed him to send NOC to my home address. He immediately responded and agreed to send. "
Settle the other/all matters amicably, preferably, if possible.
Guest
(Expert) 24 January 2017
Mr.Sarma Please avoid and DELETE Such Words mentioned /Posted by you that too while Referring an Advocate in Advocates Forum.It is Not to be Encouraged.
Guest
(Querist) 24 January 2017
Sorry sir. I removed it.
@Kumar sir: What he did to me cannot be solved amicably. I want him to pay for it dearly.
Guest
(Querist) 24 January 2017
Anyway, I don't mean to stretch the thread too much. Thanks for all your responses. Have a nice day.
Kumar Doab
(Expert) 24 January 2017
Visit his senior/law firm owner alongwith your well wishers and Father and other persons that have been following with him.
His senior/law firm owner may reprimand him.
He/she may not be aware of his collusion, that is posted by you.
Guest
(Expert) 24 January 2017
When nowhere you have stated that the lawyer belongs to some firm of lawyers, Mr. Kumar Doab has given you quite a vague advice by unduly suggesting you, "Visit his senior/law firm owner"!
Guest
(Expert) 24 January 2017
Dear Mr.P.S.Dhingra Ji Do not mistake me Please Refer the Last two Posts of the Querist Please where he had mentioned about the Seniors.It is only my humble Correction and no other intention.Please Do not mistake me.
Guest
(Expert) 24 January 2017
Dear NJS Rjakumar,
My comments do not indicate towards any of your posts.
Kumar Doab
(Expert) 25 January 2017
Dear LCI Author @ Mr. Sarma,
You have posted that:
"@Kumar sir: What he did to me cannot be solved amicably. I want him to pay for it dearly and also ensure he does it to no other parent. I am also thinking of complaining to his boss first who is a senior advocate and doesn't know my case details."
So I have added Law firm owner (instead of writing boss) and hence posted for you;senior/law firm owner.
Kumar Doab
(Expert) 25 January 2017
Dear LCI Author @ Mr. Sarma,
You have erased the word "....." on being asked by Mr. N.J.S.Rajkumar.
Appreciated.
There are many threads on similar queries at LCI in both Experts/Forum section................that can be searched in Search Option.
Avoid acting in haste.
Try to resolve amicably first.
Guest
(Querist) 25 January 2017
Thank you Kumar sir. I decided to complain first to his boss who is the owner of the law firm and a senior advocate himself which is what you have suggested as well. Also appreciate your suggestion not to act in haste. My dad also suggested me the same yesterday to not get emotional and hasty in this. I do consider you and many other senior experts (Nanda sir, Dhingra sir, Goyal sir etc.) here as father figures. Thanks again for your guidance. Truly appreciate it and respect it.
Regards,
