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Nirali Nayak   21 June 2021

Lawyer cheated on client

Dear learned counsel,
I hired a lawyer to fight my divorce case. He asked for pre-payment even before the 1st hearing of the case. He told me that my case was solid and there was no way I would not win the case and get custody of my 2 children. So I paid him the money. But after he received the money he stopped working on my case. Now he is not evening answering my phone calls. What can I do to get my money back or at least make him fight the case for me? Please help me. 
 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 June 2021

complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language.See the bar council of your state for further contacts and information.

Haraprasad Panda   21 June 2021

Complain against him before Bar council of India and your respective State Bar Council.

File a Fir of cheating and dishonesty inducing you for gaining money .

Venkata KumaR.G (Advocate)     21 June 2021

Before advising a clent to proceed adversely against her lawyer, have you asked her that whether the case is filed or not? whether the same filed in pandemic period or not? whether the summons/notices served or not ? and whether the Advocate is pursuing the case or not? If everything wrong done to her, then the lawyer has to be prosecuted according to law as contemplated in Adcocates Act. What if she is wrong?

being moral   21 June 2021

Forget the money you paid. This is india and no one will help you. System is rotten. even bar people will protect their colleague and you may also face several cases against you. You are already in problems so don't go for this option and never try to increase your pain. Godb is also nowhere if is there that is also with goons and scoundrels.

P. Venu (Advocate)     21 June 2021

Ms. Nirali Nayak's profile and her other postings (there are many) informs that she  has no real time issue.

T. Kalaiselvan, Advocate (Advocate)     23 June 2021

If a client/litigant has been really cheated by the lawyer, then the litigant an approach bar council of the respective state with a complaint against the advocate for his misconduct and seek relief  under the Advocate's act.

She may have to prove her complaint with substantial documentary evidences against the advocate in order to get relief from the advocate or she can choose to terminate the vakaltnama given to this advocate and engage the services of a new advocate.

 

 

Dr J C Vashista (Advocate)     23 June 2021

Originally posted by : Nirali Nayak
Dear learned counsel,
I hired a lawyer to fight my divorce case. He asked for pre-payment even before the 1st hearing of the case. He told me that my case was solid and there was no way I would not win the case and get custody of my 2 children. So I paid him the money. But after he received the money he stopped working on my case. Now he is not evening answering my phone calls. What can I do to get my money back or at least make him fight the case for me? Please help me. 
 

Being a law student, (as mentioned by you, observed from your profile and various responses posted to queries raised by litigants) your query is fabricated which has been posted for "time pass" debate on hypothetical facts.

It is a contract between litigant and the advocate, wherein if the terms of the contract are violated what action do you propose, proceed accordingly.

 


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