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KA Nathan   19 September 2017

Arguement by self without lawyer in divorce case at subcourt

Please tell me what is the procedure to appear in court without a lawyer to represent. In the middle of a divorce case in subcourt, if I am not satisfied with my lawyer (always trying to frighten the client, taking advantage of vulnerable situation and arrogant to discuss anything) can I appear myself only? Put arguements in front of judge?. I know what is right as per law, but cannot quote the article nos, law code etc. Have read many judgements, marriage acts available online in similar cases. Kindly tell me to learn what is the rule? (anyway I must tolerate my lawyer's irritative attitude for the sake of relieving from big trouble in the life, must sacrifice respect for sometime) Thankyou.


Learning

 20 Replies

Vikas Tiwari (Advocate)     19 September 2017

To be precise to your question…. Yes you can appear before the court and represent your own case…. The procedure is known as ‘Party in Person’….

Secondly…. It is always advised to appear with a good lawyer as there are various other certain legal aspects (than some specific case laws / file) which you always have taken into consideration in the due process of the law.

And last thing my friend ‘Agitated Approach’ doesn’t help….. if your advocate (as per u) not doing good then kindly change your advocate…. Don’t make a specific approach towards Advocates as each and every Advocate doesn’t bear the same personality….

Best of luck….

1 Like

Adv Radhika Mehta (Advocate)     19 September 2017

You can always appear yourself or better still change your lawyer.  There is no bar on you to change your lawyer to someone who is much more patient and receptive to you. 

Siddharth Srivastava (Advocate)     19 September 2017

In fact it is a litigant who contest the case and the lawyer merely assist the litigant its case in court and also provide guidance and help in this regard. It is unpleasant that you had not good experience in relation to your lawyer. You can argue your case if you so confident otherwise you can engage a new lawyer. In fact presentation of case and argument is also an art which a lawyer gain after devoting several years of practise. Rest on you.  

SHREY DAMBHARE   19 September 2017

I agree with above opinions. You can appear as Party-in-Person. But, If you know at leat basic law and procedure then there is sense of doing your own matter. But, If you don't at all aware about procedure and law, then you should not fight your own case. Take help of good lawyer,otherwise you may loose case as well as merits of case.   

KA Nathan   19 September 2017

Thankyou Vikas Tiwari Ji., I take your words as a friends advice. Thankyou Radhika Mehta ji for you reply. Thankyou Sidharth Srivastav Ji your reply clarifies the meaning of actual court process. Thankyou Shrey Dambhare ji. The court atmosphere itself makes me nervous. So, Party in person not possible to me. I can simply settle the issue by complaining to his senior lawyer but dont want to do that. Just choose to be go adjusted for few more months. Thanks for spent your valuable time to my query. Verymuch happy to see our nation having some kind hearted lawyers to share their knowledge to unknown person even without any pay. Great.

Radha Krishna   19 September 2017

Originally posted by : Vikas Tiwari
To be precise to your question…. Yes you can appear before the court and represent your own case…. The procedure is known as ‘Party in Person’….

Secondly…. It is always advised to appear with a good lawyer as there are various other certain legal aspects (than some specific case laws / file) which you always have taken into consideration in the due process of the law.

And last thing my friend ‘Agitated Approach’ doesn’t help….. if your advocate (as per u) not doing good then kindly change your advocate…. Don’t make a specific approach towards Advocates as each and every Advocate doesn’t bear the same personality….

Best of luck….

Dont lisetn to such kind of lawyers as this.

They only encourage to change lawyer.  Old lawyer wont give NOC till you pay some more money.  New lawyer will take some more money.

I am fighting case on my own.  I requested help from the so called advocates but nobody helped.

All are scnodersl.

You read law books and fight your case. Yourself.

Read my problems here.

https://www.lawyersclubindia.com/forum/Posting-problem-again-154028.asp

KA Nathan   19 September 2017

OK Radha Krishna. Thanks for your information.

Siddharth Srivastava (Advocate)     19 September 2017

Dear Radha Krishna, avoid using unparliamentary and abusive language like "Scrondal". Your answer is vague and not upto the mark. Desist from using such abusive words. Rest on your wisdom(?).

KA Nathan   19 September 2017

Dear Friends, We have good and bad people in every profession. So, it is upto ourself to choose right one. No one will agree saying everybody in a profession are bad. Moreover we dont pay anything for lawyers in this forum. Each of us from different states too. So, cannot commit these lawyers. I respect all the opinions expressed here. Thanks for all the infos.

sai narayana   19 September 2017

Yes, you have absolute right to contest or file a case as party-in-person but blaming any people or any profession as a whole is not a good thing that too in a public forum.

And how much do you know is immaterial. How much you can put forth in court and how much you can convince a judge is the criteria. So you have to improve vocal skills apart from the knowledge which you have already gained from various resources.

If you are confident of fighting as in person just tell the same in open court, then the judge will ask you to write perse in the vakalatnama and put your signature below it. That's enough.

Please do remember that when you are unable to convince a arrogant lawyer (senior maybe) it may not be an easy task to convince a even more arrogant judges.

So venturing into any step do some enquiry on nature of judge and few more lawyers in your area.

KA Nathan   19 September 2017

Sai Narayana, Please read my texts again. I am always being careful in public forums and very selective with my words. I never blame the whole community here. I know few respectable lawyers too, many of them involved with social activities. Your reply is informative. It helps me to have more understanding. I learnt few newthings by this discussion today in this forum. Thankyou for sharing your knowledge.

Rishi kumar   19 September 2017

Hello nathan

i don't know how much this piece is going to help you. I am a litigant and not a lawyer. Lawyers have so many cases to fight. It is true that they can't survive with one or two cases. So chances are that they may forget a point here or there. I think the best way to deal is study your case every well, remember the points, remind the lawyer a day or two before every court dates, if necessary put one or two points just in case he forget. It is two way traffic. We need the help of the lawyer and they also need us. So help yourself, help the lawyer in drafting the petitions or draft the petitions and give him a copy as it will be easy for him. We are the litigants and we should be more interested in winning the case. It doesn't make sense to become nervous or anxious. When a 498a is slapped on us we should develop the killer instinct. Together with our lawyer we have to fight the case.

KA Nathan   19 September 2017

Dear Rishi kumar, Me too wish to have this kind of relationship with lawyers. But our lawyers are unwilling to listen what we say. Always trying to say, I will write whatever you say but, if you lost the case dont blame me. Sometimes they ready to quarrel with their senior too. He was telling the opponent seeking interim maintenance. I asked whether the opponent numbered their interim maintenance claim?, he replies "dont ask me question come after 3 days". We have sent our summon to a person's (adultory) workplace, it has been returning several times as he was fired from there. Our lawyer insist me to find his home address. I have no way to find. He is angry with me. Unfortunately I am the victim in this case, he thinks we file divorce case due to immaturity. Thanks for your concern.

Kumar Doab (FIN)     19 September 2017

Agreed.

In addition you shall need to handle the tactics and strategies of counsels of OP.

Preferably approach very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law say; Family matters, Labor/Service matters/Consumer matters having successful track record.

Inquire in person and jot down list of say top 5 and select one that suits you.

A reputed and able counsel worth his salt shall refuse case than to mislead or mistreat.

You might have already come across or you may inquire and come across successful PIP and some of them might have also retained a counsel for back up support.

Rest is upto you.

 


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