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bharat (pediatrician)     19 June 2012

Advocte never inform me about date

i have one case under ipc 279,336,338. the advocte never inform me about hearing date. he said u should telephone me about ur date. whether to change advocate or to remain in touch with him. what the result willbe?



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 8 Replies

abhishek (advocate)     19 June 2012

u can do both either change or still be with ur present lawyer but u shud also be vigilant abt ur case

R Trivedi (advocate.dma@gmail.com)     20 June 2012

Change the advocate !! Advocates should reflect complete empathy towards their clients. This type of advocates will never work sincerely and will never own up the mistakes, they will always blame somthing else, so you must get rid of him.

himanshu harbola (Comp. Sec.)     20 June 2012

Dear Bharath,

 

If your advocate is not informing you date(s) nor updating you with the facts/proceedings of the case, its a professional misconduct on his part and a complaint can made with the State Bar Council within which he is enrolled for such a profressional misconduct.

Change of advocate is not suggested as you might land up paying extra legal/litigation cost.

However as this is a criminal case its your responsibility also to duly follow up after every date.

 

Thank You

 

Himanshu Harbola

ACS, BA LLB (Hons.)

himanshuhabola86@gmail.com

R Trivedi (advocate.dma@gmail.com)     20 June 2012

There are two aspects:

 

1. Informing about the due date: Generally Advocates are better equipped to keep the record of dates, and hence it is untold responsibility of the advocate to remind about the next hearing date to his client, generally a day or two in advance or on the same day itself.

 

2. Telling about the outcome of the date if client is not present:

This can be either way, the client will be anxious to know about the outcome, and hence he may call up.

 

Filing complaint may be bit harsh for such lapses, but certainly reliability of such advocate is at question. In case anything adverse happens to client case  due to his absence on acccount of such mutual lapse, then the moral responsibility is of advocate also along with the client. Both client as well as advocate must ensure that they are not absent on account of date communication.

 

Vijay Kumar (Advocate)     20 June 2012

I agree with Mr. Ashish Davessar. Advocate's duty towards his client is confined to provide him legal aid and advice when it is sought. An advocate is to do his duty in the court room and in his chamber/office. Expecting an advocate to communicate and remind the dates would amount to relegate his position and status to a mere Personal Assistant / Secretary.

Regards

Vijay Kumar (Advocate)     20 June 2012

I hope that I have not hurt my friends.

Regards

N.K.Assumi (Advocate)     21 June 2012

Advocates do not deal only with one case, but there are several cases in their hands. As pointed out, they are not your clerk just because you have engagesd them, and sometimes they tend to forget as they "Advocates" are also human being, and it's your case so you have to call him from time to time or you can also go to the court and find out the status of your case, after all it's your case isnt'd? Just give a cordial call to your Advocate, it's not a big deal rite?


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