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Vishwa (translator)     18 November 2010

Role of lawyers in fostering DV/Dowry cases

In the DV case that I am fighting, the lawyer of the "aggreived" person contacted me to discuss a compromise. During our discussions, it came out that this lawyer was representing the "aggreived" on a percentage basis, that is, a share of the money that can be wrangled out of me. I find this quite disgusting, there are certainly better ways to make money. I have nothing but contempt for such lawyers lining their pockets at the expense of other people's misery.

Vishwa

Dehradun



 27 Replies

1 Like

(Guest)

working for a party by an advocate on commission basis is against the provisions of bar council, Advocates Act and rules of various high courts.  It is not only illegal but also unethical.  This commission business is going on more in Motor Accident cases (where the dependents of deceased are not in a position to meet even stationary expenses), S.138 cases, labour disputes etc. etc.  To eradicate this malady, the judiciary can take the following steps:

1.  Strengthen the free legal aid system.  Fill them up with competent advocates instead of just pooling the advocates of 2 years experience.  These junior advocates be trained thoroughly to withstand the onslaught of the senior advocates before the court.

2.  Give thorough training to these legal aid advocates in drafting and presenting skills.

3.  Put strict vigilence on these advocates so that they cannot collect petty amounts from the parties in the name of typing charges, transport charges etc.

4.  Most important, clear the bills of these free legal aid advocates every month promptly.

Once free legal aid system starts to operate efficiently and effectively, the advocates who seek commission will vanish from the scene. 

4 Like

Kumar Krishan Agarwal Advocate (Lawyer)     18 November 2010

A lawyer has to represent his client , it doesn't matter what are your grievances ?  A lawyer has to survive in the life so money is important for him thru his client.  A lawyer doesn't get any fund, pension, monthly salary from the Government of India so at last he has meagerly rely on labour for client .

If you did wrong you are liable for all kind of Damges and financial loss to the injured party. I have not think about your foolish query. Do you think you are flawless like a Harish Chand ?

Avnish Kaur (Consultant)     19 November 2010

mr kumar kishan , a fixed professional fees any amount according to stature of professional may be charged.This practice of percentage in settlement of family matters is highly condemnable, THOSE ADVOCATES WHO THINK  it is right  can better become a DALLA. there are no professional ethics for u. some advocates thinking like u have  made this noble profession become degraded in eyes of common man. log kale coat walon ko chor sa samajne lage hai. aur tumari itni himmat hai ki tum openly isko advocate kar rahe ho. doob maro sharam se.

2 Like

Kumar Krishan Agarwal Advocate (Lawyer)     19 November 2010

I think you back has caught fire tha why you are yelling so it is better to bore & mum what happens in Inda.  You are a mean & pathetic person who doesn't not anything about laws just come here from the mischievous motive, so not to get entagled with the law and advocates of any kind.

One thing for you safety in future Do read Sec 499 and Sec 153-B of IPC.

tortured_aathma (none)     19 November 2010

MR kumar kishan aggarwal , what u want to preach.

u say in ur intro that u charge 25000 rs per suit, wat are ur hidden charges. wat percentage u expect?

are u also in category of DALLA lawyers as described above by avnish ji.

 

ur webpage reads

PERSONAL INTRO
Good Morning !
                          I'm Mr. K.K Agarwal Advocate did Graduation and Postgraduation in Computers and afterwards I have done Bachelors of LAW. I'm currently enrolled in the Lawyers profession and doing private practise in New Delhi. Thatt I love to do multi task work for upkeeping in towards materialistic world. That I love to do work on computers mostly in nights, a peaceful time where you can enjoy your work scheduled for each day.

That I'm the only son of my parents, having no sisters & no brothers. My father was an honest & good advocate before he died in 2009 and my mother is a ordinary housewife (but she is ill in the current status quo ). That my aunty (younger sister of my mother) has monitoring all the duties of a helping woman at our house since my mother illness 'cos she is having a great affection to my mother (i.e her elder real sister).


That I'd Born:- 21 June 1979, Birth place:- Muzaffarnagar, Sun sign:- Gemini, State:- Uttar Pardesh , Country:- INDIA .

seems more like a matri profile seeking dowry no sisters no brothers?

why u are defaming ur honest dad? by charging commisions?

agree lawyers are professionals with no social security, there are other professionals too doing similar practice. this does not mean these professionals will start pickpocketing.. please take care in future mr. agarwal. advocayes carry a big social responsibilty too while carrying ahead their noble profession.


1 Like

manjit kalra (system eng)     19 November 2010

this is too bad , not expected from a good lawyer, taking side with those asking for commision?i agree fully with mr prabhakar , and bar coucil can take this as a challenge to stop this practice.

why mr agarwal u want to mum general public about this malpractice , wat u think of urself, are u a bhai from mujaffarnagar?

Roshni B.. (For justice and dignity)     19 November 2010

dear mr. aggarwal,

i have a great respect for lawyers' profession,as they do the noble work of helping aggrieved innocent people get justice.i find no difference b/w a lawyer and doctor on whom the client/patient depends for his safety and life...i feel a good lawyer is like a family member to the client,for he vows to protect and stand up for him in his misery...it's not just a business,it's also a social service..

i also understand your concern  that a lawyer has the right to earn money to survive high cost of living.and your concern is very right.

so when an honest lawyer works sincerely,quickly and passionately in his cases,he'll attract more income by getting more and more clients,when his satisfied clients recommend others to him.but if he adopts dishonesty,he only loses his own reputation as he cant stop his dissatisfied clients from badmouthing him.and this holds true in all professions like doctor,teacher,property dealer,etc.

 hope u understand and dont mind my words..

i will just add that take Mr. prabhakar's advice given in above post v.seriously:

 

"working for a party by an advocate on commission basis is against the provisions of bar council, Advocates Act and rules of various high courts.  It is not only illegal but also unethical. "

 

have a good day!all the best in your legal profession

2 Like

manjit kalra (system eng)     19 November 2010

good nite :)

Kumar Krishan Agarwal Advocate (Lawyer)     19 November 2010

1. if the advocates are get of the system then all the cuplable personal or inncoent persons will put out behind the bars.

2. Why you does any wrongdoing act or crime in your life to take the help of the law thru advocates and courts for hiding your crimes & evil deeds? Do you not have state of mind to deal your personal matters instead engaging a lawyer or getting in court.

3. This person for which you are talking about had ruined a life and virginity of girl make her like a raped woman and now desereted her in the middle of the road after running away from marriage responsibility and if she has claiming her rights according to law then this person wants to know the illicit methods from the advocates to exclude her legal rights and wants to get her suffer into her whole life.

4. If this person is acting in good faith to her then this matter never comes in court and he himself settle with her amicably.

5. Womans law are more stronger than man's so no mercy on any man if he leave her because he has exhausted from living with her.

1 Like

manjit kalra (system eng)     19 November 2010

mr agarwal please  dont deviate from the malpractice u supported, how can u say like this that too so openly?

why dont you post your views to bar coincil to make percentage practice a professional standard in india.then u go on to say :

I think you back has caught fire tha why you are yelling so it is better to bore & mum what happens in India.

 

is that the way you talk to your female clients?

then you say keep mum about what happpens in india? if there is anything wrong going on in our country it is our right to get it rectified. how can u mum anyone ?

1 Like

manjit kalra (system eng)     19 November 2010

mr agarwal

please answer in yes or no

do you charge commision in settlement amount?

please dare to answer it

Kumar Krishan Agarwal Advocate (Lawyer)     19 November 2010

1. Every advocate who has vigorously tacking the case of his client the another party wants to put criticize remark on advocates. It's a human nature.

2. Malpractice is every where do you know that last year my father died in 2009 and I have no money to get  their treatment to any private hospital and in general district hospital no care has been took place by the doctors. When My father died at home I rushed to several doctors clinic and hospital to come to me and tell that what happened to my father is he alive or no more ? Every doctor refused to come with me and their compounder also refused to come with me for checking condiction.

Do you think it is not the violation under the Medical council Act and It Code of Ethics and Regulation ?

I have not complained any matter  to the Medical Council of India or state & neither not I prosecute any doctor for refusing to give her servies to the patient .

3. I have little earnings so that why I am not going for personal marrige as I  do not want to cheat any girl  in the name of marrige or after its difficulties ?

4. We are a minute part of a system and its command and whip are in the hands of Government of India we singly cannot change every person from inside and outside?

5. If you want to change then try it from any single poor people and its problem to tackle by your own behalf afterwards you acknowledge what I said in my previous replies.

 

Kumar Krishan Agarwal Advocate (Lawyer)     19 November 2010

do you charge commision in settlement amount?

NO , my current earnigs are  less than Income tax exemption slab.

2 Like

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