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V Kumar Singh (Executive)     19 March 2022

Complaint to bar on rogue lawyer

What happens if I complain against a rogue lawyer to the bar association, and the bar does not agree with my comments/strikes down my complaint ( or something to that effect ). Can the lawyer in question file a defamation ( or similar suit ) against me ?


 


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 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 March 2022

After the lawyer's response is received, the complaint will be reviewed again. If there is insufficient evidence to merit further investigation, then the case will be closed, and you will be notified.

V Kumar Singh (Executive)     19 March 2022

if bar closes the case , then can there be defamation (by lawyer against the complainant) ? 

tamil trans   19 March 2022

To constitute the act of defamation there should be (1)  publication of defamatory matter against a person (2) The defamation should have affected  the status and reputation in one form or another  (3)  Thed defamatory matter should be true. since you have complained to the competent authority only for takiing against a lawyer it would not amount to defamation. Hence no defamatory suit is not maintainable. 

G.L.N. Prasad (Retired employee.)     19 March 2022

If you have facts and documents you need not fear anyone.  Members can not assure anything as to whether file a defamation suit or not, but the fact is that if he is wrong, he may be digging his grave if you have valid evidence.  A bar association is not a court and not the competent authority that has a final say.  Mere filing a complaint based on facts to the competent authority is not defamatory.

Dr J C Vashista (Advocate)     20 March 2022

Bar Association has no authority to entertain a complaint against any lawyer.

P. Venu (Advocate)     16 April 2022

The facts statrd do not suggest any probable cause of action for defamation.

V Kumar Singh (Executive)     17 April 2022

The lawyer had said to me "I have to give money to judge." But I do not have any proof of him having said this(phone recording, etc). If I state this fact before the bar council, can  it be problematic for me ?


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