Bogus irrespnsible advocates

Hello, please repost with big font.Too small font size, unable to read.

Agree with Lota, modify it for convenient reading.

Here i am sharing story of lady who is awaiting for justice from court since 5 years . She is educated and working lady. She had done marriage with very high qualified person who is well satlled in his business. But with in 2 months of marriage he had started to harass this lady.

So, this lady had filed case under Hindu Adoption Maintence Petition section 18.

Case I: In this case she had hired a lady advocate. The advocate had told her that she has good experience etc. But then it is found that this advocate had deposited Rs. 12000 advance court fees in her Petition in Hindu Maintence and Adoption case, which is found not necessary. Then it was found that the advocate had done so many mistakes in her draft. So, finally the lady had showed all mistakes to her advocate and her parterners. Then they had given back her 1/3 fees back. But this advocate had unnecessary wasted her 1 years time due to incomplete knowledge.

u should have left that advocate immediately after first reading of the errant draft.

why were u waiting for 1 whole year ?

Then the lady had appointed advocate. He had charges good fees in advance. And then with in 3 months he shifted to other place and not given back fees and papers. Now again the lady thinking to take action against him.

always pay in installments as the case progresses

photocopies (not originals) should be given to the lawyer to study the case

originals should be given only at the time of filing in court.

Meanwhile the lady's husband had filed case against her. So, she had hired separate advocate and given good fees in advance. But the advocate was not serious about case, also could not file documents properly. Also she was not having sufficient knowledge... So, the lady had to take back her case from this advocate. Meanwhile she had tried to get back fees. But this advocate was not ready. So, finally the lady has done complaint in bar association. Since last 3 months she is awaiting the action taken by bar council.

this lady seems a unthoughful decision maker who is always in a hurry

first installment for pre-filing stage should be something around 10-20 K approx.

Now recently the lady had hired new senior advocate for her case. But again she found that has just started the work and taken big fees in advance, but again again demanding amounts.

Meanwhile I observed in this case why the really experienced, sincere and really serious carrier oriented advocates not come to gather and take action against this type of bogus advocates. Also i found that court is also absolutely fail to taken action against Husband of lady , however she had done strong arguments and since 5 years her husband is not depositing nominal maintence amount passed by court .

But the lady is strong. she had decided to disclose activities of this type of advocates and i am supporting her . But it is found in india there is no platform in our democratic country for those people who are hiring advocates, paying handsome fees and not getting proper service.

Please come and support to this lady in her fight. Also  please share  if you have same experience to improve our jurdiciary system.

an advocate is a officer of court and judge is a part of judiciary

its better not to throw allegations on these elements baselessly without any proofs

if u do have evidences, u can file complaint at bar council for such professional misconduct

beware to have PROPER evidences in hand ... u r thinking of fighting with the system

generally a litigant should to his best level avoid raising allegations against advocates (own / opposite), otherwise the main case may get digressed to Personal Vendetta.

i agree with Amit

Am not saying that these kinds of events do not happen.

In my wife's case, she had supposedly promised her lawyer that once she starts getting money from me,                    she will pay him fees.

I was paying her money at regular intervals, but she cunningly hid the fact that  I was paying money to her.

After                         4 months or so when there was a date in the magistrate court,                    her lawyer as usual started.

She has not got money, that                     this...  I had taken payin slips of money deposited.

Upon seeing it, her lawyer asked for a                     short date.

Date given.

Her lawyer came                   out of court and threw my wife's file to her face.

When clients can cheat lawyers like this, I suppose lawyers can also do the same.

WRT above,  go to association and ask about that particular lawyer and anybody will opine the facts of given lawyer.

But such issues association ppl will solve it for you without registering complaint.

Generally advocates trying their efforts to take adjournments  again and again. Judges also are remain in favour of adjournments. Without proceedings in court, cases takes 3 to 4 years in the name of counters or rejoinders and again supplementary counters & supplementary rejoinders.  Sometimes there are no needs of rejoinder, but judges as well as advocates insists for tiling rejoinders.  In my case govt. of india filed counter after four years when court levied penalty of Rs.500/-.

Always advocates shows very much interests about your case before filing the case. But after filing the case, junior advocates were sent to court to take adjournments again and again.  You can't do more except to change your advocates. Judges never supports to arguments from those who appear in his case as in person. 

Some times, advocates & senior advocates says that benches  are not supportive and it is better to take adjournemnts in your interests.  We have no option except to accept advice of learned advocates.

Moral of the Story:  

The system is very deficient (I am desisting very strong urge to use hard words)

You cannot fight against the system, unless you are very resourceful, which 99.999999999999 % of people are not.

So 99.99999999 % of the time you will not get any tangible results out of the system.

 The statistics speak for themselves.  Average wait period for a divorce case is I think more than 10 years.  By that time half of working life of a person, be it man or woman , is destroyed. 

Amit it is not true this lady is unthoughtful nature and taking decision in hurry.  she is very smart and strong.  She had paid the amount in installment.  As lady of middle class family lady who is dependent on parents and arranging Rs. 10000/-  for installments and without getting result loses her money naturally  this is showing bad situation of our judiciary system.

Meanwhile giving entire story in big font again. My purpose is that more and more people should come to gether to stope these  type of shameful incidents of our judiciary system and come together in support of my this true story.:

Here i am sharing story of lady who is awaiting for justice from court since 5 years . She is educated and working lady. She had done marriage with very high qualified person who is well satlled in his business. But with in 2 months of marriage he had started to mental harassment to his wife. After so many efforts to solve the dispute finally  lady had filed case under Hindu Adoption Maintence Petition section 18.

Case I: In this case she had hired a lady advocate. The advocate had told her that she has good experience etc. But then it is found that this advocate had deposited Rs. 12000 advance court fees in her Petition in Hindu Maintence and Adoption case, which is found not necessary. Then it was found that the advocate had done so many mistakes in her draft. However she had  tried to forgot the facts giving chance to this advocate. But then she found the advocate was not had proper experiece and given wrong informations about her practice. So, finally the lady had showed all mistakes to her advocate and her parterners. Then they had given back her 1/3 fees back. But this advocate had unnecessary wasted her 1 years time due to incomplete knowledge of advocates.

Then the lady had appointed new advocate. He had charged good fees in advance. And then with in 3 months he shifted to another place and not given back fees and papers. However original papers are still with this women.Now again the lady thinking to take action against him in Bar council.

Meanwhile the lady's husband had filed case against her. So, she had hired separate advocate and given good fees in advance expecing good service. But the advocate was not serious about case, also could not file documents properly. Also she was not having sufficient knowledge... So, the lady had to take back her case from this advocate. Meanwhile she had tried to get back fees. But this advocate was not ready. So, finally the lady has done complaint in bar association. Since last 3 months she is awaiting the action taken by bar council.

Now recently the lady had hired new senior advocate for her case. But again she found that has just started the work and taken big fees in advance, however again again demanding amounts.

Meanwhile I observed in this case why the really experienced, sincere and really serious carrier oriented advocates in india not comming together and taking action against this type of bogus advocates. Also i found  court is also absolutely fail to taken action against Husband of lady , however she had done strong arguments and since 5 years her husband is not depositing nominal maintence amount passed by court .

But the lady is strong. she had decided to disclose activities of this type of advocates and i am supporting her . But it is found in india there is no platform in our democratic country for those people who are hiring advocates, paying handsome fees and not getting proper service. why they should again have to go to Bar councill?

Please come and support to this lady in her fight. Also please share if you have same experience of this type of advocates to improve our jurdiciary system.

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1

12K... 10K... 20K... 10K...?  Please stop betting on husband and put the money on horse....

Mango

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Asmita,

In fact the mandate of Family courts act is to bar Advocates from representing the cases on behalf of clients. Read this link :

https://www.lawyersclubindia.com/forum/details.asp?mod_id=59469&offset=1

Also go through this Advocates Free Table to find out what is the amount Advocate has to charge on Matrimonial cases:

https://www.answeringlaw.com/php/displayContent.php?linkId=54

You may not be knowing that you can represent your own case as Party In person.  If you are an educated person, take the help of some LPO or someone who does legal drafting, and file your papers in court and represent your case yourself.  We are doing the same in our case.  The problem with Advocates is, if they are junior advocates they don't know what to write (draft), how to deal and proceed with the case and if they are senior advocates they know what to do, but they do not have time for us.  They are so busy that they do not spend time with our case. 

Law is not french or german, once we know what are the legal provisions under which we can proceed (which we can get by taking initial draft of plaint, petition etc from some Legal drafter), we can keep on researching by going into various judgments in Indiankanoon (https://www.indiankanoon.org/doc/108430/ .....read this this is about advocate fees) website and we know better how to defend ourselves than advocates because it is our case, hence we have more interest in our case rather than anyone else. 

I am trying to bring legal awareness in people so that they know how they can best utilize the services of Advocates without falling into their money making traps or otherwise to defend themselves on their own as party in person.  That is why I am interacting in this forum actively.

thanks chandra shekhar,  i  was expecting some real solution from this site and got the good information and knowledge from yourself.  Actually every we\here there are good and bad people awailbale,  but i observed that in family court there is no need of advocates  if they could not give service.

oho...Ashmita got a real solution after 5 months,,!!!!!!!