Karan Bhatia (Victim of Law (individual not firm)) 21 February 2013

Want to become lawyer to fight own case

Hello respected law men,
We are victims of fraud and forgery relating to our ancestral property. In early 2011, our joint-property co-operative society bungalow (land worth at least Rs. 6 Crore, our share is roughly 33%, thus Rs. 2 Crore on market rate) was been clandestinely sold to a 3rd party by the co-owners without our consent, which by law is illegal. Not only did they keep us in the dark for 5 months after completing the sale, they also forged our signature (FSL took 2 years but has finally gave it's report saying the signature was indeed forged). We filed the FIR and a Civil Suit on learning of this in mid 2011.

Now the problem is that we don't trust our lawyer, we fear he may have sold out (out of fear of the history-sheeter criminal with political links who now has possession and 66% ownership, or just for gain) as he is hardly pressing the court to expedite the matter. Almost 2 years on, not even the 1st hearing has been done.

I want to take matters in my own hand. I want to learn the law and get the legal and educational qualifications that will allow me to fight the case as my own lawyer. I have plent of time as i'm a freelancer working from home. And this case will anyway go on for 10-15 years so there is lots of time.

I'm seeking your advice as to how long minimum it will take me to be able to achieve that (be my own lawyer and fight my own case). I don't want to take up the profession full time, just learn the law related to my case. Of course, clearing the exam would require learning all of the law, but for practise i would only need to know the related laws. I'm willing to put in as much effort and hardwork as required and study full time. I want to skim the unnecessary parts and only study the laws required to fight such a case. In your esteemed opinion, i would like to know - how many years before i can make this possible?

Best,
Karan

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5 Replies

Sundari (Sr.Executive) 22 February 2013

Hi Karan,

It is good decision to study law. If you are young and within 30 years of age, you can study law through either in evening college or via correspondence. You can try for LLB which allows you to practice. It takes 3 years course. Search the net and you need to write exam.

All the lawyers are not bad, any way people are indend to go money minded. You can approach local bar council try for some other lawyers who can help you. Even the fees will be nominal. Try the options and don't give up hopes. First file the case and let it goes. Mean while, you can try for your studies.

If the legal battle starts, you need to spend lot of time and money.

so better earn and study LLB which will be very useful for you and in turn in you can help the needy.

All the Best.

Adv k . mahesh (advocate) 07 March 2013

its great that you want to learn the legal theory for fighting your case but who told you the case will take 10 to 15 years is wrong perception even in 1 or 2 year the case can be heared

so if you want to change the lawyer or you want to fight then take NOC from your lawyer and then file as party in person and before taking NOC consult some well known seniors lawyers who will advice you how to procede

and in mean time search the doubts what you get through net

all the best

gopal (Faculty) 07 March 2013

it is not easy to file case party in person. Even if you are familar with laws, there is some procedure is there in court, before filing your case you have to know the procedure which is followed in the court, that is why the fresh lawyers are work few years under the guidence of senior lawyer. it is good desicion to file case by in person. but consult the senior lawyer who is true to the professional (you will get if you search) . Tel him your stand ask his guidence on this case as a back support. if you got his approval then you can file and go on .best of luck

Karan Bhatia (Victim of Law (individual not firm)) 07 March 2013

Thank you all for your Replies. Mr. Mahesh, how can i ensure that the case does not drag on for 10-15 years? The slow procedures of the court is what the opposite party criminal is counting on. He knows he won't win the case but also knows that it will be many years before the case gets closed. So in short, in today's situation any criminal can openly commit the crime and fight the case in the court knowing very well that the victim will agree to a settlement because waiting 10-15 years is not an option.

We haved hired a lawyer who asked for only 45k as his fee. He estimated 5 years for the case at the beginning (which was a lie to make us hire him i think). Let's say even if 5 years and not 10-15, why would anyone agree to work for 5 years for just 45k? What is the approximate average fee a "good lawyer" would ask to fight such a case and in their opinion how many years would it take to close the case?

Best,

Karan