New law to monitor lawyers' conduct with clients.

For justice and dignity

 

Fleeced by a lawyer? Govt mulls watchdog

New Delhi, Dec. 1: If your lawyer has overcharged or s*xually harassed you or played truant in court, help may be at hand in future.

The government has invited suggestions from the public on a proposed law that provides for an ombudsman to deal with clients’ complaints against lawyers.

Advocates are now subject to disciplinary scrutiny from the state bar councils they are enrolled with or the Bar Council of India, which can revoke a lawyer’s licence. But these councils rarely act on complaints.

Once the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010, is passed, clients can file their complaints with the ombudsman.

He will issue notices to the lawyer and the client, summon witnesses, record evidence, issue a finding and recommend action. The Bar Council of India can still refuse to act after giving reasons, but the new act will at least ensure a hearing for every complaint, unlike now.

A litigant can theoretically sue a lawyer but would find it difficult to get another lawyer to take up his case. He can, however, lodge a case with a court or a criminal case with a police station.

The bill will also cover lawyers not enrolled with any bar council, such as those who do not argue in court but do related pre-litigation work such as drawing up and filing petitions. Its ambit will include lawyers dealing with tax, customs, immigration, trademark and patent services, and other professional services involving legal issues.

The proposed law, a part of the government’s renewed push for legal reforms, will apply to the whole of India except Jammu and Kashmir.

Free legal aid

The bill makes it mandatory for lawyers to provide free services to poorer clients, that is, every lawyer must put in some hours with the court’s legal aid service. Top-notch lawyers now avoid free legal aid.

The cut-off income for eligibility for free legal aid is Rs 12,000 a year for the Supreme Court and Rs 9,000 for other courts, but these limits do not apply to women, Dalits, tribals, or the disabled. There are proposals to raise the ceiling.

Under the proposed law, a “legal services board” will be established under a chairperson appointed by the President in consultation with the Chief Justice of India and the Bar Council of India chairperson.

The board will have a member secretary and five other members representing a state bar council each from the northern, southern, western, eastern and northeastern regions. It will have a consumer panel to represent consumers’ and clients’ interests.

The board will appoint a chief ombudsman, who will be a retired judge, and an ombudsman for each state who must have been at least a district judge. The state ombudsman will be selected in consultation with the state’s high court chief justice and bar council chairperson.

An ombudsman will hold office for five years and will not be eligible for re- appointment

 

http://www.telegraphindia.com/1101202/jsp/nation/story_13248492.jsp


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The bill makes it mandatory for lawyers to provide free services to poorer clients, that is, every lawyer must put in some hours with the court’s legal aid service.

We all Wellcoming Bill.

And thanks for providing this valuable info.

 
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For justice and dignity

Welcome!

 
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@Roshni B

Thanks and here it is ;

Here is the act download it PDF file format.

 

Info:http://enactments.blogspot.com/2010/12/legal-practitioners-act-2010.html



Attached File : 39 39 draft legal practitioners bill.pdf downloaded 165 times

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Nationalist

Thanks for this info, actually in this field (legal) so many quakes have been entered from obtaining degree anyhow. Also their sole aim used to aim money. Only 10% is having good knowledge of law. The other major factor is that good students rarely opt for law.

Before giving them license they must pass the qualification exams also in each five years their skill and knowledge must be tested.

This field needs necessary and urgent cleansing.


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lawyer

Thank you.

 
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Advocate

First of all I m really thankfull to Roshni and Kushan for posting such a relevant information on this website. Yes I agreed with objectives and aims of this bill.

The law ministry has proposed a new statute that partly supplant the functions of the Bar Council of India (BCI) with a new super-regulator called the Legal Services Board that will oversee the regulation of legal practice, client service, legal education and make it obligatory for lawyers to provide free legal aid.

The Legal Services Board would be established under a new Act called the Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010.

We welcome this act, it will improve relationship between Clients and Attorneys.

 
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Educationist/Lawyer

The information is of great value, no doubt. However,  it is visibly seen that most  of the layers are struggling to survive and very fewer numbers are well settled. My point here is that, some security in one or the other form is also a need of time to ensure that the lawyers having inadequate practice or who are struggling, be provided with some finacial security to ensure their survival in profession. This to some extent will boost the morals and will attract better brains in this profession.

I have no intention to offend all my friends in this noble profession, but I  feel some where there is a sense of  being over secured by some and also a feeling of total insecurity by the others and both are breeding ground of abuse of this noble profession.


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translator

Thank you Roshni, for this information.

I would say that this bill is superfluous, because the lawyers always had the option of self-regulating their profession. They have not done so, because it suits them to allow anarchy prevail.

Also, lawyers should be compelled to issue receipts for all fees they collect.

Unqualified persons should be weeded out and barred from practising this profession.

For the rest, our country has great tolerance for lawlessness.

 

Vishwa

 
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Practicing lawyer(B.Com LL.M in Business law )

Very Politely I m informin that V are already in the practice of free legal advise n handling and handled seriously and sincerely the cases  of our poor clients in a very nominal fees i. e Rs. 200=00 to 500=00 or even free of cost with a successful ratio. V r also takin fees reasonably from the clients who can give fees in a lump sum amount without any hesitation.  Some time V r also maintaining the expenses records of each case. So good step if V follow.


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