LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MANISHA   21 January 2017

Lawyer exhausted

Dear Adv. i am surprised with lawyer mail as follows- As we --- and I have had a meeting with you and your two brothers at our office on ---. We had a very long discussion about the further action in your ----proceeding. we also gave you option to hire another Advocate as we have exhausted our capacity in defending your case further. You have also later on asked me to speak to your some cousin brother on phone who claims to be an Advocate and you also insisted that he would come to negotiate with the opponent and the opponent Advocate for which I was not in agreement since the beginning and did not like his intervention. You also without my knowledge telephoned the opponent Advocate even after me speaking to you and trying my level best to get and achieve the best for you on --- As you already are in consent with your Advocate brother whose name I don't know, in our opinion your Advocate brother should take up your further proceedings in -----as We do not appreciate any other Advocate intervening on our behalf in our matter. As now due to these developments which have taken place we feel that you and we have lost faith in each other and therefore in the best interest of your case we are going to withdraw our Vakalatnama on the next date i----. Kindly take note If you wish you can obtain our No objection on Vakaltnama of the other Advocate. Please advise on the same,my same lawyer has taken guidance in our case in the past from my cousin in one of the steps to be taken.Even they have requested citation & AIR also earlier,lawyer also told me to talk to opponent lawyer that when we should sit for negotiation? & now such an email to client. Please advise .


 4 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     22 January 2017

If what your lawyer has purported, in that you involved another lawyer in the case (relative or no relative) and that you got in touch with the counsel for the other side depite your lawyer's reservations, consider that the lawyer's position becomes untenable where the litigant starts maneuvering his own way.

On the other hand, if it is as you say (and to the extent that I could 'decipher' from your cryptic post) and that you approached the other side at the advice of your lawyer, it would indeed be strange if your lawyer is doing a turnaround now. Did something go wrong in the case as a consequence of getting in touch with the other side and is the lawyer attempting to wash his hands off now?

I may add that whichever be the correct position, I personally suggest people not to involve lawyers who are relatives becuase such lawyers loose objectivity in their zeal for victory and emotional approach towards a case, often complicating the matter as much as as they assist in it (if not more).

Be that as it may, one thing I can think of is that in either of the situations, the trust seems to have gone.

G.L.N. Prasad (Retired employee.)     22 January 2017

 A simple and polite way of parting ways enabling you to trust your advocate brother and negotiate yourself.   Many Advocates deal their cases in their own way and they have a style of functioning and they do not like/permit unnecessary interferance from outside quarters.  Many clients behave as though Advocate is their servant, as he was hired.  Some advocate neglect clients.  Different attitudes, peesonal clashes, egos.....what ever one may call, the first thing one has to look in such relationship is complete TRUST and faith in capability.  Once a case is entrusted, it should not be discussed with all miscallaneous person who are not well versed with subject and offer unwanted and unnecessary guidance.

It is just like you purchase a good brand latest and expensive electronic appliance, and your neighbor states that his cousin has purchased it and it is not good and giving problems.  Imagine your feelings at that moment.

1 Like

Sachin (N.A)     22 January 2017

What is your question / problem?

If your lawyer wants to widraw his vakalatnama its OK.

Hire a new lawyer.

You are free to hire sevices of other lawyer what is problem in it?

1 Like

Sachin (N.A)     22 January 2017

Go and take your file back.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register