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Deepak (Nil)     17 September 2025

Bar council complaint amendment

Dear learned Advocates,

We had filed a case against our advocate about a year back. The 2nd advocate who filed our bar council complaint hasn't been keeping well for a while due to which he referred our other cases to one of his close friends to handle them. We had attended the first hearing where the respondent advocate has to submit his written statement/ counter. When we went to his office once to discuss, we came to know that our complaint wasn't wasn't drafted as per legal standards. On knowing this, when we asked him whether we could add more facts in the rejoinder/replication (or) either amend the complaint, to which he told us that new facts cannot be added at all and the facts stated in the complaint alone would be considered.

Since we did not know about this,  what action can be taken at this stage (our case is still in the SR stage and hasn't been given a case number yet. Also the memeber of the DC told us that the case would be as per the CPC)

Thanks

 

 



 8 Replies

P. Venu (Advocate)     17 September 2025

"When we went to his office once to discuss". Whose office? 

Anyhow, await the respondent's reply. You can file a rejoinder, if so advised.

So also it appears that relying more upon hearsay than hard facts.

 

Dr. J C Vashista (Advocate )     18 September 2025

If you have lost faith in the lawyer being engaged by you / replacement provided by your lawyer you should replace him / her immediately.

The experts on this platform cannot assume / presume qua your circumstances for filing a complaint or any other case being filed by you, which are essential for forming an opinion and oblige.

Show the case file to some other local prudent lawyer for proper analyses of the facts, professional advise and necessary proceeding.

 

T. Kalaiselvan, Advocate (Advocate)     18 September 2025

A complaint to the Bar Council at the SR (Scrutiny/Initial Stage) can be amended with more facts, but withdrawing it and filing a fresh complaint might be more appropriate if significant new facts are added or the core substance of the complaint changes, as Bar Council rules prioritize proper procedure and preventing the misuse of the system. 

Deepak (Nil)     18 September 2025

Thanks for the reply Venu Sir. For simpler understanding, we have filed a case on Advocate "A". Advocate "B" is the 2nd advocate whom we hired for our other cases and he was the one who filed the Bar Council Complaint against Advocate "A". Since Advocate "B" wasn't keeping well for the past few months, he referred the case to his friend Advocate "C", who is currently handling our cases. After the 1st hearing at the Bar Council, we went to Advocate "C" 's office to discuss about this case. That's when he told that that the complaint isn't as per legal standards. 

"So also it appears that relying more upon hearsay than hard facts"- Does it mean that Advocate "C" is  misguiding us or maybe isn't aware fully?.

Also the new fact which is about a case which went against us and was filed when Advocate "A" was our advocate that time. The verdict came 3 months back and not during the time when our bar council complaint was submitted (last year)

T. Kalaiselvan, Advocate (Advocate)     18 September 2025

You first ascertain if the comments of the current advocate are correct and whether an amendment to the existing complaint need to be filed or whether the observations made now are mere opinion of the current advocate and there is no necessity to rectify the existing complaint. 

After that you may decide about next course of action. 

First of all better be confirmed about what is going on before jumping into any hasty conclusion. 

Dr. J C Vashista (Advocate )     19 September 2025

You have already stated to have been used professional services of three different experts, if you are not satisfied with their performance / behaviour you should show relevant records to some other local prudent lawyer for proper appreciation of facts and guidance'

However, case file is required to be perused for forming proper opinion to oblige, which cannot be presumed on the basis of limited facts posted by you.

Deepak (Nil)     19 September 2025

Thanks for the reply Kalaiselvan and Vashisht Sir 

T. Kalaiselvan, Advocate (Advocate)     23 September 2025

You are welcome for your appreciations.


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