Upgrad LLM

your advocate - is he/ she a pain killer or painful killer ?

Proprietor

 

*** ADVOCATE MESSED UP MY CASE...ADVOCATE DID NOT DO THIS...ADVOCATE DID NOT DO THAT ***

 

I KEEP LISTENING TO THIS STATEMENT FROM MANY PEOPLE.----------

 

HERE IS THE SECRET TO WORK AROUND THIS PROBLEM. follow the steps and you will be RELIEVED and RELAXED. This has worked for many. -------------

 

Ok, first understand these three SIMPLE DICTUMS which were shared with me by a very senior advocate ( no more alive now ).----------

 

1) " LAW IS SUPREME, LAWYER IS NOT SUPREME ".--------

 

2) NEVER GET SCARED OF AN ADVOCATE.-------  THERE ARE MANY ADVOCATES WHO SHOUT AND SPEAK POWERFULLY BUT TO KNOW WHAT THEY ARE, YOU SHOULD SIT IN THE COURT WHILE THEY ARE ARGUING THEIR CLIENT'S MATTER. THEN YOU WILL KNOW WHETHER THEY ARE EFFECTIVELY SHOUTING OR CASUALLY SHOUTING.

 

ALSO, REMEMBER TO DO PLAIN TALK ( SPEAK WHAT YOU EXPECT AS JUSTICE AND BE FRANK ) WITH YOUR ADVOCATE.-------

 

BEHIND THAT BLACK COAT IS ANOTHER INDIVIDUAL JUST AS YOU ARE. SO DO NOT GET SCARED. IF YOU SHOW YOU ARE SCARED, THEN USUALLY IT IS A TOUGH TIME FOR YOU WITH ADVOCATES.----------

 

REMEMBER THAT YOU NEED THEM. BUT THEY ALSO NEED YOU AND YOUR CASE. IT IS ALL FINALLY HUMAN SURVIVAL.------ 

 

_______________________________________________________________________________

 

3) THERE ARE THREE TYPES OF ADVOCATES....

 

BCP

BCC 

and 

BCG

____________________________________________________________________________________

 

BCP is the Black Coated Professional ----- This type of advocate will come to the court, finish his matter listed for the day, go away to his office. He will not sit wasting time. He might socialize with other advocates, but will not waste time and will not do any loose talk and small talk.-----

Subject Knowledge will be very high in such advocates. Their Seniors themselves would have been subject matter experts. Even the Courts respect them.----

You are lucky to get such advocates. Finding them is difficult. But only other advocates know who and where these type of advocates are. The other advocates themselves take consultation from these advocates and receive bills from them at the end of the month as consultation fees.-------

BEST METHOD TO FIND OUT SUCH ADVOCATES IS TO ASK IN THE ADVOCATES ASSOCIATION IF THERE ARE ANY NEWSLETTERS FOR ADVOCATES THAT THEY THEMSELVES PUBLISH OR ANY LITERARY GROUP OF ADVOCATES WHO DO SUCH PUBLISHING.-----

THOSE NEWSLETTERS USUALLY HAVE ARTICLES WRITTEN BY THESE PROFESSIONALS.-------

ONE MORE METHOD IS TO VISIT THE LAW BOOK HOUSES AND SEE THE AUTHORS OF LAW BOOKS.------

NOTE DOWN FEW SUCH AUTHORS AND ASK THE PUBLISHER ABOUT THE BEST AMONG THEM. ---------

EVEN LAW COLLEGE PRINCIPALS CAN TELL YOU ABOUT SOME BCPs in the CITY.------

YOU will now be ready with information about A BCP - Black Coated Professional.-------

____________________________________________________________________________________

 

BCC is the Black Coated Clerk - This advocate is the routine life advocate. He is satisfied with daily life beginning at 9 A.M., then goes to court, visits some govt.offices, gets some property extracts, has coffee, tea, lunch, attends some matter in the court, returns to office of the senior advocate and does what the senior says and goes home by 8 or 9 P.M.------

These advocates are happy with their routine life. Even if you give them a Rupees TWO CRORES worth case, they will NOT show interest if it will Disturb their DAILY RYTHM and ROUTINE.-----

small cases you can assign to these. cases like those against the electricity board, govt offices, notice to tenant,...etc------

___________________________________________________________________________________

 

BCG - Black Coated Goonda

Unfortunately every state has these types of advocates and the Bar Council and Advocates Association in every state is taking efforts to filter out these types of advocates.-------

Between ten to twenty percent of advocates in every state are like these. Black Coated Goondas.----

They will file a vakalathnama, take quick money and leave you in the forest after tying your eyes, hit you and snatch all your belongings and exit.-----

If you go in search of them to ensure punishment to them, they will hit you again and throw you in some other forest.------

If you get a good grip you can punish them. but best is to just ignore them and move away.------

It is not difficult to identify these advocates. Their speech will not be polished, their subject knowledge will be very poor, they will COMMONLY tell you the advise " here i am the advocate. you do what i say. you listen to my words. you do not advise me what to do.... you take your file and go away to some other advocate.------

 

some of their dialogues are :-

  • come to the court near the small room near the canteen after 6 p.m. or anytime.
  • meet me near this pub/ bar.
  • you do not know who i am.
  • what brother.
  • what mister.
  • hey in five minutes come to my office.
  • that advocate does not know who i am.
  • that judge is this.
  • this judge is that.
  • am i the learned counsel or are you the learned counsel.
  • today you come and give 25 thousand so tomorrow we can file vakalathnama. next payment i will tell you where and how to pay. now i am busy. come to my office and speak.

etc etc etc your own human instincts will help you to identify such advocates ( Black Coated Goondas ).

_____________________________________________________________________________________

 

HE / SHE WHO UNDERSTANDS THESE THREE SIMPLE DICTUMS WILL NEVER LOSE PATIENCE AND MENTAL STAMINA, NO MATTER HOW MANY YEARS THE MATTER DRAGS IN COURT.

 

BECAUSE WHILE REMEMBERING THIS DICTUM, PSYCHOLOGICALLY YOU ARE DIRECTLY RELATING YOURSELF TO THE MIND OF THE LAW AND NOT TO THE MIND OF THE LAWYER.

 

YOU can DRAW THE SUN AS A SQUARE OR RECTANGLE ON A SHEET OF PAPER, BUT YOUR DRAWING DOES NOT CHANGE THE SHAPE OF THE SUN.

 

SIMILARLY YOUR LAWYER MIGHT CHANGE HIS/ HER MIND DUE TO MULTIPLE REASONS BUT THE LAW WILL NOT CHANGE IT's MIND. THE LAW HAS A SET OF CODIFIED PRINCIPLES WHICH MOVES IT's VEHICLE ".---------------

 


Steps :-

 

1) Anyhow your tired mind needs a break. Collect all papers pertaining to your case and visit Chennai or Madurai or Hyderabad or Cochin.--------

 

If in the North, visit Delhi or Lucknow or Allahabad or any other place.---------

 

VISIT ANOTHER CITY AND SEE ANOTHER ADVOCATE AND SPECIFICALLY TELL HIM THAT YOU WANT TO CONSULT HIM / HER.-----

 

ALTHOUGH RATES vary, usually first consultation is free. .. but still it is always better to pay for consultation.------

 

IN BANGALORE, routine advocates are paid five hundred rupees for first consultation.-------

 

retired judges and senior advocates are paid one thousand and five hundred rupees for first consultation.---------

 

30 minutes is standard time that you can have with them. SO LIST DOWN ALL QUESTIONS IN A BOOK AND THEN GO TO SEE THEM. do not sit there blindly attempting to ask questions. you might forget some questions.--------

 

2) VISIT the advocates' association in that city, purchase the directory of advocates, see the list of senior advocates and visit one of them.-----

 

This directory will also have the ADVOCATE GENERAL AND OTHER SENIORS' details...visit their office too.--------

 

3) VISIT the court and the WRIT SECTION and speak to some JUDICIAL OFFICER THERE and request for being referred to a good advocate. 

 

You can obtain a few advocates' details there. 

 

Go with set of questions jotted down and visit them and seek clarification.

 

________________________________________________________________________________

 

IMPORTANT

 

VISIT ANY LAW BOOK HOUSE AND CASUALLY SPEAK TO THE PUBLISHER/ OWNER ABOUT YOUR CASE.-------

 

ASK HIM FOR ANY BOOK ON SUCH CASES.--------

 

MOST IMPORTANTLY, ASK HIM IF HE HAS ANY BOOK THAT HAS THE TEMPLATES OF FORMS AND PROCEDURAL LAW.--------

 

ASK HIM IF HE HAS ANY MINI BOOK-LET OR HANDY GUIDE ON SUCH CASES.--------

 

PURCHASE THOSE AND return to your HOME-TOWN.-------

 

Do the study yourself and then JOT DOWN IMPORTANT WORDS from those books and APPROACH YOUR ADVOCATE.----------

 

IN THE COURT, MANY ADVOCATES SHOW THE BOOKS TO THE JUDGES AND judgements are pronounced.-------

 

THE JUDGE OR ADVOCATE IS NOT A MEMORY MACHINE TO REMEMBER EVERY BARE ACT AND LAW.-----------

 

_______________________________________________________________________________

 

WITH THESE BASICS INTACT, YOUR GRIP OVER YOUR MIND AND IT's relaxed condition will be high.---------

 

This is what you need.-------

 

Your case either wins or loses. Then there is the First appeal, Second appeal,...etc ...-------

 

The CLOCK of the JUDICIARY will go by it's own speed. You know it.....You are mentally ready for it.--------

 

But what is needed is YOUR GRIP OVER YOUR MIND AND IT's relaxed condition.-------

 

For that you  need KNOWLEDGE.--------

 

Best is to visit advocates in another city and then return to your city/ home-town and meet local advocates.------

 

So, you NOW GET an idea of DIFFERENT APPROACHES TO YOUR CASE.-------

 

Now, you work your mind and let your advocate work his mind towards your benefit, in the interest of JUSTICE.


Total likes : 2 times

 
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Manager

Thanks for the information..

 
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Proprietor

Thank you sir for the information about finding an advocate. In practical it is a million dollar question who is good. In Chennai I heard the advocates in a particular court form a syndicate and collect fees from clients the same amount as others do. If any one want to be good and justified, they isolate the advocate and mock at them as useless.

The aim of all the advocates, now is to make quick money to buy house, farm house, costly car etc. In a case we fought we had to change as many as five advocates. The case is a simple family case. Some advocates do not attend on the date of hearing and ask adjournment through others or make the client to ask adjournment. The fees is for the advocate and not for the case whether it is a petty case or some other case. if the case is really for a huge property or money, they ask fancy fees. In my experience it is very difficult to find a good advocate. In the other district courts, advocates are better.

 
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Advocate

I cannot agree with your views fully.  Some advocates may be greedy and and that type but not all.


Total likes : 1 times

 
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Proprietor

 

Just as the entire I.T.Industry is kept alive by just Ten Percent of Dedicated Employees who shoulder the I.T.Industry ( known fact to seniors ), the Judiciary too is today in the same condition. ----------

The BCPs ( Black Coated Professionals ) and the BCCs ( Black Coated Clerks ) are shouldering the Judicial Segment of Advocacy. -----

But to search them and find out is very difficult.....In fact, one must be lucky to avoid the trap of the BCGs ( Black Coated Goondas ) -----

In almost all states, the Regular Advocates themselves are finding it tough in the practise with such wrong colleagues and are designing excellent steps to counter the wrong advocates.-----

In Bangalore, an excellent move was made.... They made it compulsory to clear a separate Bar Exam before the Practitioner certificate ( license ) is granted ---- This has been so effective that with just one or two percent clearing the exam, the freshers, just out of law college, have now no other choice but to put in solid working hours ( long hours from morning 9 to night 9 ) at a senior's firm ----

slowly the system will change and the practising advocates will themselves come out with excellent strategies to counter the wrong  ones ---- They know better---- Finally they too have a family and children ---- monthly bills, fees, clothes, ....etc etc etc--- same human life

 
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Proprietor

Generally advocates say it a profession.  No advocate accounts for the fees what they get. If the case fails because of advocates fault, there is no remedy for the client. They get fees in advance even before they draft the affidavit. 

I met  an advocate who did not attend the case at all, but he refunded the fees paid. Rarely a good person.

 
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Bangalore

Its a mixture.  Like some get  a good girl, a good boy, some get bad girl, bad boy.  What else can it be called than fate???


I disagree with the author.  Usually I dont bother about others opinion at all, each has their own opinion, and each opinion comes out of their own experience, nobody can call it a right opinion or wrong opinion.


But here I disagree.  

 

There are good lawyers too.  There are many a lawyers who dont take up a case until they have not done proper counselling of the client to be.  Only after they see that the counselling wont work and there is no other way to proceed legally, only then take up the case.  There are lawyers who charge 2 lacs for MCD case, and there are lawyers who charge just 2500 Rs for an MCD case.  There are lawyers who charge  5 lacs for a contested divorce case, at the same time there are lawyers who charge hardly 5000 Rs for contested divorce case.


In this case its not right to form a opinion about lawyers and catagorize them as goonda, that this.  

You can do background check, see previous track record of lawyer before giving your case to one.  Ask for opinion of other people and then go ahead.  And there is always a quotient of fate in it too !!!!

 

The world is like this only, but who asked you to get into such a situation wherein you are forced to go meet a lawyer for matrimonial issues ???  The fault is in you 

 
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Proprietor

When you say FATE that answers everything including your last paragraph about such situations in matrimonial life.
 
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