FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

gaurav (student)     24 June 2011

Can a lawyer be sued for services?

Can a lawyer be sued for services under the consumer protection  act?

Does he come under the purview of services as defined under s.2(o) of the said act ?

If cannot be sued are there any relevant recent case laws of the hon'ble supreme court  or the national or state commission for the same?



Learning

 25 Replies

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     24 June 2011

Deficient services by a lawyer does attract penal action for it incurs losses to his client.

 

* By the way, amidst some teething problems, I am forced to request for help on something related to this.

* Can a lawyer be sued for disservices to the opponent, law per se. (This lawyer has: 1) Wilfully not observed court rules and has resorted to unethical practices. 2) Has misled court on oath. - These shocking acts are absolute truth and has caused me immense losses.

 

What can I do now?

S.MANIMARAN (Advocate)     24 June 2011

 

Yes, Lawyer can be sued before Consumer court for the service deficiency under the Consumer protection act, but at present I am not having any judgment of Supreme court but in tamil nadu district and state consumer forum had order in favour of the consumer and held lawyer liable   for the service deficiency. you can browse in the concern website for the same and same time a proper compliant can be lodged before the Bar council of the state.

thanking you

3 Like

james bhatti (Advocate)     25 June 2011

Lawers are not exempt from being sued. A complaint under The Consumer Protection Act can be filed for "Deficiency in services"

He does  come under the purview of services as defined under s.2(o) of the said act ?

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 June 2011

But you have to prove by evidence.

1 Like

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     25 June 2011

Sure, there is lot of extortion, cheating. This is what question within answer at Item -2 of this thread pertains. It is hence important aspect. I am victim of haunting by the main cheat, sub-cheats, incidental cheats, unforeseen cheat in this laWYER.

 

How to get this culprit punished for he has cheated very justice in the very portal that should have given justice?


(Guest)

To avail a legal remedy is a matter of personal ability and capability as these are time consuming and expensive too. A practicing lawyer has so many colleagues to defend and support him. It is always safe to complain Bar Council of the State.

Aniket Giri (ADVOCATE)     27 June 2011

Yeah, it is really a difficult one to answer this question for myself being an advocate. 
An advocate can be sued for his deffeicient services.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 June 2011

With due regard to good advocates who have made all the difference in getting justice, it is worth note that of late, advocates have ALSO got accuostomed to being business minded. While winning by rightful means should always be the motive, aim; advocates use their skills, professional knowledge to indulge in tricks, deceit. One illegal trick will cause loss to the other side and do all the difference for justice per se.

On the contrary, if the lawyer X is not competent or has not contested his opponent lawyer Y in some trick, then X would have rendered deficient service to his own client. This one lapse might make all the difference to this client.

Thus, both deficient service AND illegality (depending on where you are placed, what is the illegality, by whom etc) are definitely a matter that attracts penal action by the client or the opposition.
 

Law is law. Law should be law. Law is, should be equal to you, him, it, they, ....... and me. Anything wrong?

Deepak Vasudevan (Tech Architect)     27 June 2011

But the lawyers normally don't issue any receipt for the services right?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     28 June 2011

That is the irony. Accountability will usher in honesty. After all one can cherish only well earned wealth, fame.

RAKESH PIPRODIA (ADVOCATE)     28 June 2011

yes, lawyer can be sued under the consumer protection act for executing the defficient services

Mahesh Mukadam (None)     30 June 2011

I am NRI . I have few cases ( property related )  in Mumbai High Court  I have very bad experience about lawyers and their blackmailing practices. I like to know how to file complaint with bar council? My cases are very simple which I can fight my self. Am I allowed to represent my self in the court? Are bar council effective?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     01 July 2011

'Can I fight my self? Am I allowed to represent my self in the court?'.    -- Definitely YES.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 July 2011

Please do not remain under the misconception that you will win the case before the court. It is also easy to blame the advocate not easy to fight with at bar council since ultimately it goes to National bar council and than to Supreme court so you should hard evidence and staying power.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query