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Shaji (Lead Engineer)     14 April 2011

Complaint against a lawyer

Dear Sir,

My brother met with a bike accident and died 13 months before. Legal formalities were handled by an advocate of having around 5 years of experience. He demanded all the hospital bills and PMR for filing MACT case and we handed over. Since then, every month we requested for status of the case and he responded in a positive manner saying the case is registered and the procedure is already initiated. But later we realised that this lawyer is not a good professional and some one else has been filed a police complaint against him for misconduct.

So last month we decided to appoint another lawyer and asked the first for the plaintiff and other related doc that reveals the current status of the case. Then, to our utter shock he said that the case is not  yet registered.

Please advice, what I can do against him for behaving very unprofessionaly and for providing wrong information to his client. Can I file a case against him in Bar Counsel. It is very clear that this man has clearly violated multiple etiquets laid out by the cousel for lawyers. Also, he didn't provided any reciepts for the payments that I have made. Please advice.





 18 Replies

sripartha (advocate )     15 April 2011

Many adovcates are good Professional and very few lawyers are like your lawyer, but they bring disgrace to other honest lawyers in the society. ok lets come to the point, you can give a letter in writing (complaint) to the head of the bar counsel in your area, and then they will take it for enquiry and you must have guts to face all the threats from your advocate and give evidence against him before the bar, and bar usually does not let down their advocates, be ready with all the necessary proofs to prove his misconduct, and when comes payments, you can not get back as you do not have any receipts to prove the same. overover if i where in his position i would simply say that you haven't  haven any case to me as i am sure that you  would have no proof that you have entrusted your case to me, as no advocate in india give any type of receipt to clients who gives his case. therefore first of all you must prove that you given the case to him, by mere words you cannot prove any thing, as the law needs strong  proof, and every thing must be proved byond resonable doubt. so see to all the above points and decide what to do. if you have sufficiant prove then move further.

From Advocate Sripartha,

BAPOO M. MALCOLM (Advocate and Empanelled Arbitrator Bombay High Court I 7809 OS 14436)     15 April 2011

The first thing to do is to hear the other side. Audi alteram partem. No one can advise you properly without the lawyer's say.

There is a saying, "Everyone has something to hide".

If you have not taken any steps for 5 years, are you also not guilty? In case your statements are true completely, an application to the Tribunal is bound to achieve a favourable response.

Too many clients think that once they have appointed a lawyer their interests are taken care of, more so that they have already won the case. It's your matter, you have to follow up.

Bapoo M. Malcolm

Ambika (NA)     15 April 2011

@ Bapoo M Malcolm

No where the querist has said the case is 5 years ojd. She has said the lawyer has five years experience! 

@ Sri Partha

Shame on those advocates who do not issue a receipt for the money received ! Clients should demand the receipt. Advocates are like any other professionals, when a doctor on demand can issue a receipt, why not an advocate? 

Sarvesh Kumar Sharma Advocate (Advocacy)     15 April 2011




Birendra Prasad Singh (Lawyer)     15 April 2011

In the case in hand, if the facts are correct, no doubt that there is a grave misconduct on the part of the advocate concerned. You should lodge a complaint agaisnt him before the Bar Councel of State stating all the material facts along with necessary evidences. Certainly concerned Bar Counsel take action after providing opportunity of hearing to both the parties. 

Arup (UNEMPLOYED)     15 April 2011

Can I file a case against him in Bar Counsel


------   yes, you may file.

firstly recover the documents handed over to him. you will get the real pain in that point.

such advocates are full of lower courts upto district level.

Arup (UNEMPLOYED)     15 April 2011

a case of sec 420 ipc may be started against him.


post the name, address and mobile number of that person here.

some advocates indirectly supporting him. let them contact.

by experience i know such things going on each and every day.

there is nothing to be astonished.


Om Prakash Dhusia (HR assistant)     17 April 2011

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.



1 Like

Om Prakash Dhusia (HR assistant)     17 April 2011

Many thanks to the gentleman Sripartha but sorry to say that being junior in the profession his views are not taken seriously by his own community members and as he becomes senior, his views would automatically change with the season.

Mr.Bapoo Malcolm has been running this profession on SAYINGS and not on the principle of Natural justice or the hard evidences and he is already prejudice but I am still thanksful to suggest as to follow the case yourself rather than depend on the lawyers.

Sarvesh.K.Sharma has never been serious in this profession and I have never come across his professinalism except some immature jokes and I treat him just a court jester to raise the spirit of the court.

However Birendra Kumar Singh's view are commendable but I still say it is a herculeen task to do for that poor soul who is already saddened with the immature death of his beloved brother and these fellow members are still mentioning the criminal act of that lawyer to be a simple MIS-CONDUCT.

God almighty can only save my India.


Shaji (Lead Engineer)     18 April 2011

Thank you all for your inputs.

@Om Prakash, Birendra and Sripartha:  I have couple of recorded tele conversations with this lawyer, about the case, . I didn't do it intentionally but have this facility in my phone. Is these records a valid evidence/proof?

Thanks & Regards.

Om Prakash Dhusia (HR assistant)     18 April 2011

Dear Shaji,I must add that any recording not authorised by the competent authority is not considered as evidence as per law of the nation.You did whatever you thought to be right at that moment but please do remember that Indian laws are made without any thoughts and it becomes burden on individual or the courts to define them as per their convenience.I forewarn you Shaji that Kerala is in India and throuhout India same rule of law is applied. If by chance you have recorded anything by STING OPERATION, the other party can sue you for damaging his reputation even if he or she may be a pimp or prostitute.Remember theoritically every accused is deemed innocent unless proved otherwise by the competent court and to bring that lawyer to court is next to impossible.Are you interested in revenge or your claims for accidental death?Leave everything to God almighty and do your best.Carry-on your life as usual with gusto.

Have faith on God and proceed to the court with new lawyer.You have to win not the war but the battle.Regards.

1 Like

sripartha (advocate )     19 April 2011

i agree with witht the om prakash view, what he says is enirely correct, if you want to take revenge it will continue,then  the advocate will take revenge on you, if a layman like you can take a revenge on a lawyer, a professional who is trainted to tackle problems  can easily get you into trouble, ok lets take this way, what if the advocate gives complaint to bar counsel that you are harassing him and threatening him, then bar counsel will issue a order that no advocate in your state must, take your case and contest in your court. becasue whenever an advocate is in trouble, the entire advocate community will be there to help him. the same insident took place in my court, where a client insulted the advocate in front of the judge and general public,, though it was the mistake of a advocate, our entire bar counsel went on strike. so if you take revenge on advocate, surely he will take revenge on you.

if you fell in a ditch and get your dress dirty, what will you do, will get it and clean the ditch or go home to change the dress. i am sure you would go home to change your dress. so in same way change your advocate rather then taking revenge.


swathi kh (manager)     26 December 2011

See if yu could file your complaint in the consumer court

 International Consumer Rights Protection Council is a registered NGO that helps and guides grieved consumers to handle their consumer complaint.

Dhiraj Alagdeve (Advocate)     04 September 2012

To complain against an advocate, even though is a hasty task, still you can go to the site of bar council, where you will find forms to download ,and accordingly, send to the disciplinary commitee of bar council.

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