cpc

my advocate cheated


My lawyer has taken all his fees in advance from me about 10 months back. Now I have realized that he has not only joined hands with husband but he is also not competent which he earlier concealed from me. Can I get my fees back from him. I paid him by raising loans and have to return back the money. I am financially very week since into matrimonial litigation. Pl help

 
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N.A

I will suggest you to mutually decide the matter and don't go for litigation. In case you don't succed take help from legal aid center.

 
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Proprietor

Hmmm...There is a strange situation in India today.

On one hand, you have the serious-minded professionals work day and night for the sake of clients.

( I have seen just a hand-ful of advocates who go home before 9 P.M. at Bangalore. Most of them have to work hard. Competition is tough ).

 

On the other hand, you have such advocates.

There is a old proverb in India " INSTEAD OF FALLING AT THE FEET OF THE WITNESS, BETTER TO FALL AT THE FEET OF THE OPPONENT "

 

In today's Indian scenario, the truth is that ALL MEN HAVE COME TOGETHER AS ONE UNITED GROUP.

Women find it tough to get support from MEN.

In Bangalore, two cases were reported where the family of well-educated and established young women were thrashing them physically and not one single man from the public went to their support.

 

In general, after the misuse of 498A and dowry act and DV-acts, with many men being victimized, most of the MEN have stopped supporting WOMEN.

women support each other openly but MEN always come together in SILENCE.

That is the law of nature. MEN-FOLK if they are challenged as today's women do, can result in SEVERE back-lash as today's men are demonstrating.

 

If you are lucky, some men might offer small percentage of help and that too on humanitarian basis.

I know it is bitter to swallow, but women ( law mis-using ones ) and their family including their extended group of friends, relatives and advocates, are responsible for this condition in our country today.

Mis-use of all the laws ( nodding their head to the pervert individuals including their advocate ) and harassing the men and their families, pulling them to the streets and removing even the last trace of self-respect of the man and his family, out in the open, has created a WAVE OF DISSENT against women today, in INDIA.

 

Anyway, a woman has sought help. Nature demands some solace.

So, for your information,

Getting your fees is coming as an action-plan from your end, too late in the day.

He would justify saying that his efforts so far demanded that payment as fees.

This too only if there is something in writing.

You have arrived when it is too late.

He can turn it against you saying you got the vakalathnama filed, etc and did not turn up for payment etc etc etc
 

I SUGGEST YOU PATCH UP WITH YOUR HUSBAND and START FAMILY AFRESH instead of this litigation which is draining your energy now and as per your own statement, you are financially weak. So, why do you want to collapse ?

START A NEW LIFE WITH YOUR HUSBAND.

Now, do not jump at me. I have only spoken the Truth, instead of mis-leading you with false directions and guidelines.


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No matter what you do, no matter which lawyer you work with, matrimonial litigation always feels like a bottomless pit which just keeps on eating your time and money without giving anything in return. No lawyer will return fees once he has provided services to you in lieu of the fees. Results of litigation can never be guaranteed, the litigant is finally responsible for his/her decisions, lawyer only provides advice and legal services as per wishes of the client. You can ask him to return some fees and see what he says. If he says no then what? Are you going to spend more money on filing a court case in your lawyer? You already should have learned that court cases take lot of time and money to fight. Prolonged litigations are a game for rich people. For people with limited means, you should avoid going to courts for anything. In matrimony issues, you should only go to court for mutual consent divorce. Starting other kinds of litigation is like jumping in a well with crocodiles - nothing good can ever come from it.

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Bangalore

If he pays back the fees that he has taken, please let me know about it, his name in particular.

 

Marriage is costly affair.  The event, the exisistence and the divorce, even costier than existance of marriage.

I advise you to go fall to husband feet than finding another advocate or free legal aid. Paid services itself are this good, free legal aid, will be how good?  You just think practically.  Or you can do one thing study law books and fight your own case, I can help you with it.  Many useless fellows who cant adjust with wife nor pay advocate fees are already takind advise from me and happy about it.  Weigh your options and see how it goes.

 

My advise will be going back to husband is best method to solve all this.  Adjustment is married life;s another name.

 
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You should Forget your money. This is truth in matrimonial cases lawyers only make their money . if nothing remain in relationship better go MCD instead of wasting money in court with zero result. Indian court only give dates and lawyers make their own money.
 
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There is increasing worse situation of law and order on day to day, so, please do not expect any rational things to happen in your life from court. SC is accepting that lower judiciary is corrupt and there is nothing to report about it and nothing is to correct in the circumstances. 

Please safeguard your life from the legal harassment in the hope of justice for your life. Try to negotiate with party and find what are ground reason of differences. See if you can return back or take mutual consent based divorce and look for new life. 

Believe us it would be best decision for your life.

 
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Bangalore

You can also try and complain to Bar Council regarding this.

 
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Retired employee.

You are already in distress.  Even most competent persons could not recover single rupee of fees once paid to advocate.  When your own husband can cheat, why should not your advocate , and that is the reason you ought to have made proper inquiries on integrity and sincerity of your advocate.  As stated in earlier replies, these case of compromises are not new.  Do not waste your time and money for that amount which you can not recover.  Curse him and forget about it, as it is our Hindu Philosphy, and as you sow, you reap.

 
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senior

Like Goods once sold will not be taken back in the same way fees once paid will not be returned. If u want to take action against him (under Advocates Act) you can approach Bar Council of your state.

 
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