Good Evening Members
Eventhough I was from the Advocates community, after entering in to service line and representing for & on bahalf of Employer, I used to stand before various Advocates either Juniors or Seniors like a lay man. I faced several incidents with Advocates.
Vakalat is also a contract between the client and the Advocate. But it is very difficulty to get justice against Advocate in case of breach of the same. My issue is the Advocate is appointed and vakalat is given. As per understanding the appointed Advocate has to attend the matter without fail. Tight schedule Problems may come in every the part of life particularly for Advocates they have to run from one court to another court to attend their client cases. In such process it is common that some times his client case may be dismissed in default because of his non appearence. It is purely time management. (Note : I am talking on civil litigation and case of no dispute of payment of his fee)
The Advocates always try to put the burden on the clinet and for filing restoration petiton and for further process , they suck blood of the client. The reason of dismissal of case is not fault of the client but , Advocates treat it as a problem of the client and they will not get it restored unless the client pay for his fault.
In one case the Main suit was filed in 1995. Court after several attempts fially ordered for substitution service, the client spend hefty expenses to that and done. In 2003 the main suit was dismissed in default. The Advocate filed the restoration petiton and the same came for hearing in the year 2010 and order for notice through publication on that Misc application .
The advocate charging every step since 1995 to till date. The amount he was paid is little or equal to the main suit amount. How can we make such Advocates responsible for their negligence.
