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Sammelan Kavi (Software)     19 July 2009

How do I recover money from erring lawyers

hired services of two lawyers X and Y for a certain matter that had to be filed in two different courts but against the same accused. Both the lawyers filed one application each. In first application filed by X, it was dismissed within minutes because it was filed in incorrect Jurisdiction and Judge told the lawyer "You ought to have known that" and reprimanded the lawyer for bringing such applications. Second Lawyer Y filed and got the dates but did not show up on the date because he had a prescheduled vacation but sent someone else who was clueless. It was also later discovered that the application filed by Y too was filed in the incorrect jurisdiction. How do I recover the fees paid to them?





 10 Replies

Vinay Chhikara (Legal Expert)     19 July 2009

 you can not able to recover the amount frm councel

it is u r fault not the councel. thats why elder says that  Lawyer & Doctor  r not easy to choose

MIND in ur MIND that """""""""SAVDHANI HATI  DURGHATNA GHATI"""""""""

Check ur self

Sammelan Kavi (Software)     19 July 2009


How is it about me being careless? The lawyer misled me and the jurisdiction problems were known to lawyers, not to me.

I approached lawyers asking on best approach to solve the problem. I showed them all documents and they decided to approach the court with those applications. They decided the apps and the court, not me.

How can I client possibly keep track of Lawyer who left for vacation after obtaining dates. He never told me about his vacation plan nor  were we friends to discuss this.

Kiran Kumar (Lawyer)     19 July 2009

sorry Mr. Kavi Sammelan, Vinay has been quite harsh upon u.


we dont know the actual facts of the case and we are not even aware of what was discussed between ur lawyers and u.....with due respect none of the lawyers here would be interested in knowing all this.

u r better advised to talk to ur counsels and come to some mutually agreeable settlement.


u can take assistance of the local Bar Association president, he will help u out.


Ya I agree with kiran.

the best way is to approach the local bar president tell them the facts and only if your having clean hands you will succeed.

Remember what u have told your advocate and then approach.


Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 July 2009

Sammelan Kavi

You have a very good option of filing a case under the Consumer Protection Act, citing deliberate "Deficiency & Negligence in service".

But before that you have to obtained a certified copy of the Judges order which states the application rejection reason for as "want of judicial jurisdiction".

A registered legal lawyer, bound in law by default, ought to mandatorily know, for the benefit on his profession and his client, the technicalaties of jurisdiction, provisions, rules, drafting etc...

Also complain (written) to the Bar Council / Association (of the jurisdiction) with all the documents and insist for refund of entire fees and suspension of the lawyers registration for 6 months.

BTW, certain "fly-by-night"  lawyers do such nuisance and harass the clients, inspite of shamelessly taking money from the clients.  Expose them if you can, for the benefit of the other lawyers.

Keep Smiling .... Hemant Agarwal






Prakash Yedhula (Lawyer)     20 July 2009

Before proceeding against the lawyers, consult a senior lawyer regading jurisdiction. At times, subordinate courts do err on jurisdictional issues and if that be the case here, you can approach the higher forum and get favourable orders.  

ad. creaminall (professional Advocate)     21 July 2009

actually i agree with kiran. his advice is proper. the president of barcouncil will guide you properly. so go and get the help of bar council.

Hareesh Muchinthala (Advocate)     23 July 2009

I also agree with Mr. Kiran.


A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS)     25 October 2009

I agree with Prakashji's opinion.  

Sarvesh Kumar Sharma Advocate (Advocacy)     28 October 2009

u go 2 choose d lawyer,awyer not come 2 yr door.

lwyr has uppar hand.

forget it.

focuas yr case don't make contavorsy.

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