Harassment from ex-lawyer

mom

I am in a big mess.

I am contesting a divorce case filed by my husband. I had appointed a lawyer by taking reference from a known senior lawyer. My lawyer kept fooling me for almost a year by remaining absent on almost all court dates and sending his juniors who knew nothing about the case, not filing papers on time, using delay tactics etc. So much so that the judge got worked up and even warned me that my case would get dismissed.

He did all this inspite of charging me a good lumpsum amount in advance as his fees. Finally I had no option but to file an application in court for CHANGING MY LAWYER. Now the court has given me time to hire a NEW LAWYER.  The situation is tough as I am not working, have a child to support and difficult to pay a hefty sum to a new lawyer again. To add to my woes, the ex-lawyer has stopped responding to my calls and msgs. He has also changed the place of work, so I dont have his office address.

Now I am worried about my N.O.C. that I have to take from him, before appointing a new lawyer. I also wanted suggestions from experts here, if there is any way to get a refund of atleast part of the money I paid to him. 

Professional ethics may not allow most of my lawyer friends here to comment on this post. However, it would be a real big help if somebody can help me out.

As far as possible, I dont want to ruin his career by complaining to the BAR COUNCIL.

Please help.

 
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you should have talked to your senior lawyer who know you about him ad for only one case not one will change there office 

if court had already granted you to appoint a new lawyer and talk to your sr lawyer who can help to get NOC from that lawyer and from which city are you from 

 
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mom

Thank you Mr. mahesh.

My lawyer has messed up other cases too. I heard there are clients coming and shouting in his office everyday.....thats why he must have changed his office.

I spoke to the senior lawyer. Now he too has washed his hands off saying that he cant do anything about it.

I am from mumbai

 
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mom

Thank you Mr. Gowda.

Yes. You are right. I have already given an application to the judge asking for permission to change my lawyer. I have also identified a NEW LAWYER who is willing to represent me on the next court date.

But can this new lawyer sign a vakalatnama, without getting N.O.C. from my ex-lawyer on old vakalatnama ? I am worried about what decision the judge will take in this regard. Will I be allowed to go ahead with the new lawyer, without N.O.C. from old one ? That is my concern at the moment.

Later, if I have no option, I will complain to Bar Council about old one. I dont want to ruin his career ....thats why not doing it. That is the reason I kept giving him chances for almost a year. I even paid him whatever he asked. But he weakened my case with his tactics and I can no longer continue with him.......as he will ensure that I LOSE THE CASE.

 
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Worker

I am contesting a divorce case filed by my husband.

So much so that the judge got worked up and even warned me that my case would get dismissed.

 

since the case is filed by ur husband, evenif the court dismisses the same, you would be at advantage :)

 

can this new lawyer sign a vakalatnama, without getting N.O.C. from my ex-lawyer on old vakalatnama ? Will I be allowed to go ahead with the new lawyer, without N.O.C. from old one ?

YES - for both

bring it to the notice of the ld. court that the previous lawyer is NOT TRACABLE

u can file FRESH vakalatnama of a new lawyer.

 

never pay lumpsum fees at once - instead, keep paying as the case proceeds

keep all ur original documents with urself - submit the documents directly in court rather than giving them to the lawyer - u can give photocopies to the lawyer for studying the case.

 

I will complain to Bar Council

forget it ... hardly any action would be taken against him - dont make ur own hairs gray.

 
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nil

Dear Pooja, 

I do agree with Amit....I have also been a victim of several such tactics of lawyers & that too the niche category ones...

Any kind of attempt made by u to service ur ex-lawyer vide email, postal, sms etc should be placed as record before the court...

 

Dnt worry if ur lawyer doesnt provide any NOC.....Once u tell the court, u parallel keep the new lawyers' vakalatnama ready....

 

And if u hv issues for fees etc, u cud contact some women ngos' of ur city & find out legal ngo's and state commissions who could help wid a decent honest advocate...

 

Bar council is always passive, even for serious case of breach of conduct of advocates.

It wud be easier for to fight wid ur ex-advocate, had u got ample evidences of losses & conspiracy etc else pls dont waste time......

 

 
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mom

Thank you friends for all advice and suggestions. I will go by what you all say. No point informing the BAR COUNCIL. It will be a headache for me only. I will inform the court that he is not responding....and file a fresh vakalatnama with my new lawyer.

Thanks again.

 
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Worker

you dont even tell the court the reason for changing the lawyer.

just submit that u want to appoint another counsel.

tell the reason only in case the court asks for


always remember not to submit ADDITIONAL - UNWANTED details in court proceedings

 
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gd dy

hi:
in Discussion > Family Law > Divorce > Divorce - evidence for ws opposing divorce
 Actually I am looking for a re-conciliation / patch up with my husband. We are separated for more than 2 years. I am being very choosy about producing my evidence. I still have very good relations with my husband's relatives and few close family members. I don't want to produce anything that deteriorates my relations with them and becomes a reason for breaking-up, rather than patch-up.

gud to knw tht u r spl. Frm ur abv thght bt frm very nxt thread it seems u wish to continue the matter further.

Discussion > Family Law > Divorce > Lawyer seems to be fooling me
Eg. He has been pressurizing me to file 498 A on my husband and family, although he knows very well that I am seriously trying for a re-conciliation. .If I have not  even put any accusations against my husband so far, inspite of having proofs in some cases............then how can I use 498A on him ?

wht mk u away frm re-concillation ? it would be fine if u mention the cause tht refrain u frm mking re-concillation fr one to give u right advice.

Discussion > Family Law > Marriage > Wife has abandoned me and our five year old daughter
Many people will suggest the latter, but with my experience, I can say, that its a very tough decision to break your own marriage with just one signature. Do what your heart tells you to do.......and your decision will never go wrong.

“I can say, that its a very tough decision to break your own marriage with just one signature.” Completely agree with u. impress with ur thought.


Discussion > Family Law > Others > Harassment from ex-lawyer
frm the thread u hd already changed it. Gud. Appreciate ur decision.

frm various thread, it does appear tht u r practical and wish to reconcile with ur hubby

thn fail to understand wht prevents u to do so and moreover where is the question of changing the lawyer in reconciliation process ? does the presence of tht lawyer hurdle in ur process ?

wish u best of luck in ur reconciliation process.
Hope u r the person who say those thing when u  preach to urself.

 
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