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Rajesh Dash (Professional)     14 May 2010

What to do with the Advocate

Hi Friends,

I have taken Bar Council Membership recently, but i'm not in practice, I'm doing my CA practice, 

I have a case against one lady, and that local advocate of mine was use to handle that case, but now he is demanding more and more money and not telling me what is the status of my case, he is a very Sr. most advocate (Criminal Lawyer) even he is not giving me my case papers, he is Threatening me that he can role that case against me, the important thing is i am not staying that particular state, i don't know more people in that state, that is my native, but we are  leaving in some other states, i have inquired that he has a very good reputation in that particular court and near police station,

Can any one suggest me the possible steps which i can take against  that advocate. 

Thanks 

Rajesh Dash



Learning

 52 Replies

Saurabh Bansal (Tax Consultant)     14 May 2010

You just need to hire another advocate (with equal repute if possible)...

the new advocate will file a new attorney in the court and then can even enforce the case papers...

If you want to, you can even file a case on the lawyer (but there is no point for that)

 

Actualyy the thing is you cannot force the lawyer th proceed with your case....

the services rendered by a lawyer is personalised....

Saurabh Bansal (Tax Consultant)     14 May 2010

You can complaint the case to the bar council of india.....

as this is a clear case of proffessional misconduct...


(Guest)

File a complaint against that particular advocate before the court's bar association and State Bar Council.  The latter one will initiate action against him.

Engage another advocate to prosecute the case.

ashish (Inspector)     15 May 2010

complain to bar council for professional misconduct

Rajesh Dash (Professional)     18 May 2010

I think you r right, but what is the evidence i have to submit to the Bar Council, i have to made complaint at State Bar Council or All India Bar Council or both, how? should i send a concerned complaint letter or any other way i have complaint, 

Every body knows he is not a honest lawyer, no one is speaking out, hence i have fear in mind, even as i said he has already threatened me that he can do any thing against to me,

because that advocate has good  reputation in the state bar council

even the bar council secretary and other members are junior to him.

I had a word with them, but they are not listening, thats why i'm worried about it, even i have the membership from same bar council,

I have an idea, please correct me if i'm wrong,

what i will do is... i will record my conversation  with that advocate and state bar council members and sending that one a an evidence supporting to me, 

do u thing it will be fruitful to me, to prove them guilty?

I am very new to Law practice, please correct me if i'm wrong 

waiting for your valuable response 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     23 May 2010

I do agree with Mr. Prabhakar, Mr. Ashish and Mr. Bansal.

b.srikanth sharath (advocate)     23 May 2010

if you are menber of the concerned bar council,

1.simply file a written complaint to state bar council, and copy to bar council of india. (postal conplaint)

2.file moa/vakalat for your case at he time of case hearing date.

3. pleade the issue to magistrate if neccessary through memo.

SANJEEV KUMAR (STUDENT)     23 May 2010

Dear Rajesh Dash

Now a days this practice is very much prevalent. the advocates do not tell since they do not want to let others to learn since they earn on ignorance of laws only.

Even if you are not lawyer you can plead your case even without permission of court. You simply tell the court that you want to plead the case. You being CA can very well understand the nitty gritty of law. One can be lawyer but can not be CA easily.

My advice to you:

1. Plead your case yourself with help of junior advocate who shall guide you in the beginning precedurally later on you shall pick up yourself ( be proud to be CA yaar)

2. Do not much depend on advocate, always keep copy of each and every paper you give to advocate.

3. Send notice to Advocate withdrawing POA and asking him to retrun the papers and mark copy of Bar council of India and State Bar Council

4. you should not afraid of that advocate if he can file case against you then who stops you to file against him.

5. On the next hearing also file the copy of notice in the court and say openly what is happening to you.

sanjeev

1 Like

Rajesh Dash (Professional)     23 May 2010

I am really thank full to all of you and your valuable suggestions, i am in fear because of my reputation and image, but now it is crossing the limit, 

Even that advocate is not talking to me, he is avoiding me, hence i'm planing to go there and replace the advocate prior to next date which is in 17/07/2010

what do you think, is this is the right step i'm going to take,

Don't u think that Advocate can create more problem for me, if i do this,

what i want to do is, i will pray to the honorable court that this advocate is plying such kind of role hence i want to replace him, as he knows everything about my case then he may try to destroying  my evidence and even he is threatening also. 

do you thing will this work.

 

SANJEEV KUMAR (STUDENT)     23 May 2010

Dear Rajesh

Do not be afraid of and go ahead

sanjeev

Arup (UNEMPLOYED)     24 May 2010

"i will record my conversation  with that advocate and state bar council members and sending that one a an evidence supporting to me, do u thing it will be fruitful to me, to prove them guilty?"

- it may be fruitfull.

Arup (UNEMPLOYED)     24 May 2010

if you know the case number and even the name of the parties you may search, inspect,or demand certified copy of whole proceedings and plaint. even you can do it ignoring your so called advocate. no problem for it.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

All the friends are being influenced by your heresay. If the gantelman says that the concenred advocate is reputed one where is the problem. There must be something wrong on the part of this gantelman.

The silly things like making complainst or recording consersation does not work in such matters. The advocate works on your behalf  before legal forums. this is relationship  of trust.

If you have deffilculty with a particular advocate than go to the Court of the  place , inspect the file of your matter in the Court and just talk overwith  your advocate with facts.

If matter does not resolve just appoint another one.

Keep in mind  the status of your case and persuing it for its logical conclusion, instead of spreading biased rumors.

As you say that you are also advocate so similar things can also happen against you.

Rajesh Dash (Professional)     25 May 2010

 

Dear 

shashikumarnashik sir,

I respect your suggestions, i agree with your points, he is a reputed advocate and everybody knows he only wants money,  

I use to stay outside of that state, i believe on him and use to pay, when I come to know he has not done anything, then I approach another advocate to take over my case, but the new advocate said he need present advocates NOC, but my present advocate is not ready to give.

You tell me sir, what would be the reason, to refuse to handover a copy of my case paper to me or living my case. When I paid he all demanded amounts. Fees, etc….

Now I am asking him about the case he is saying hi’s junior is looking into it and hi’s junior is saying Sir is looking it,

I’ll tell you y-day incident, he told me to ask his junior about the case and if there is not proceeding then he should return 10000.00  to him, which he has taken for the same work, but his junior said that, I am trying to create dispute between them, he is not only a junior to him, he is like a son to him, and the same thing I convey to him, and he turned back from his word and said, I did not say anything like this,  but they don’t know I have all recorded message, and I can prove he is force me to asking his junior for returning of 10000.00 to him.

Now I am coming back to your query as you said: If the gentleman says that the concerned advocate is reputed one where is the problem. There must be something wrong on the part of this gentleman.

You tell me sir, who is wrong, me or that gentleman advocate,

RECENTLY I COME TO KNOW THAT MY REPUTED ADVOCATE IS REPUTED FOR HIS UNPROFESSIONAL BEHAVIORS, YOU CAN SAY (GUNDA GARDI) DADAGIRI, HE IS TAKING only the local CRIMINALS case, one more thing i come to know that, he has not yet appeared for a single case in hight court, he is trying to stretch the case till the both side is ready for negotiation, the is the history of that advocate. in between he is taking as much he want, he is sending his sending his junior for unnecessary works with the part and asking the party to paid them, and again he is taking his fees also. so it is clear that instead of paying him a huge without any result, it is better to go for negotiation.

I am here for a better suggestion, I believe in our judiciary system and I know I’ll get the justice one fine day, 


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