Unfortunately again the same story which is being repeated day in and day out throughout India and remember none of the lawyer would support your story or rather fiction, the reason being altough nothing is like PROOF in the law that's why it is called EVIDENCE.You can never be able to produce evidence against that cheat as alleged and if you read this column you would have concluded that every lawyer has pre-judged you and is somewhat denouncing and claiming you to be at fault and treating that alleged cheat, a saint because nevertheless it is a very common factor as to why one would go for complaint against the mighty and here the mighty is that lawyer which you claim to cheated you.The fact of the matter is that we have no system where these activities could be controlled.Dear, friend come to Kanpur and you can experience, lawyers staging agitation against judges in the court itself,beating undertrials,abusing their well wishers, behaving in a way beyond the reach of the law and this being the daily routine.Anyway now lets come to the point:
1) You may not be having the requisite VAKALATNAMA or the power of attorney in the name of that alleged cheat and since in India though VAKALATNAMA is an valuable instrument it is nowhere registered like in the gulf countries.
In India you can change vakalatnama daily at your will.I mean even if you have the one, still he can prove that he was never appointed as pleader of the case by the complainant because you may not be in possession of signed copy of that Vakalatnama from that allegedcheat.
2) You may not be having any document to prove that an advance of Rs....was paid to him against the agreed fees for the case.
3) Since you are an ordinery layman you had no idea that it is only you who is answerable to the case in the court and not that alleged cheat and since being ignorant of the protocol is un-pardonable as the law universaly says that IGNORANCE OF LAW IS IN-EXCUSABLE.
3)No other advocate worth its salt would be willing to fight a case against his own community member.
4) Ofcourse Bar Councils are there to tackle such criminal activities but since any criminal activity by them being regarded as violation of ethics no criminal charges can be framed unless authorised by the council and its is a herculean task to do soby a layman.I warn, you will be verbally abused by the fellow members,threatened with criminal charges, of Defamation,you can be framed in false charges with plenty of witnesses readily available,Assaulted and thrown out of the court premises and many more actions which you could never even dream of.
5) No court is authorised to take action against that alleged cheat.I mean they are above every law.
6) They charge fees but do not come under the perview of consumer's act.
7) They are immune to any preventive actions except lathi charge by the police on the cost of transfer of some hyper active police or the court officials.(Please update yourself with newsof such actions).
SUGGESTIONS:1)Please forget about that cheat and search for another lawyer if not already done and for heaven's sake do not let him know this story of that cheat otherwise if the lawyer which you have hired afresh would politely decline. 2)Kindly prepare VAKALATNAMA in Duplicate and get his signature on it.3) Try to get receipt of every payment to this new lawyer.4) Don't rely blindly on the lawyer and keep a track of each event and uptodate yourself about the case.5) Keep all the documents in Duplicate or request for its copy from the court by paying the requisite fee.6) The lawyer may claim that he can fetch you even moon please remember that cases in the court run not only on Evidences but your external looks,caste,creed,region,religion,language,deposition from the witnesses,how the depositions are moulded to suit the individual, mood of the judge/magistrate and above all god's will.
I am not to dis-hearten you but request to have all the strength to fight for it by remembering my suggestions.
I HAVE FULL SYMPATHY WITH THE VICTIMS BUT CAN NOT HELP THEM OUT BEING A WEAKEST CITIZEN OF DEMOCRATIC INDIA WHERE AN UN-EDUCATED CONSTABLE CAN KICK ME AT WILL AND ATLEAST LOCK ME UP FOR THEORETICALLY 24 HOURS.