advocate blackmailing
Arka Foundation
(Querist) 01 April 2011
This query is : Resolved
Due to misbehaviour of an advocate, one of our client want to change his advocate.
As he wanted to change his lawyer, he had send a telegram to the advocate to wtihdraw his services.
To this, the advocate had send an sms to the client the message says "pls send me the reply in my favour or i will issue notice"
The client has taken the print out and saved the mesage with him.
In this connexn, can we file contempt of court against advocate or any action if needed.
R.Ramachandran
(Expert) 01 April 2011
If your client has to pay any dues to the Advocate it has to be paid. Your client can intimate his Advocate that he is withdrawing the Vakalatnama given in his favour. Your client should seek a discharge certificate from the Advocate. There is no contempt of court in the facts narrated by you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 April 2011
Most of the people blame the advocates for the trouble in legal system. Find an amicable solution instead of blame game.
Advocate. Arunagiri
(Expert) 01 April 2011
If the client wants to change the advocate, he can withdraw the existing counsel in the open court. Later he can include a new advocate.
It is not a contempt.
Please confirm whether you have paid the fees to him in time.
Arka Foundation
(Querist) 02 April 2011
Advocate asked for fee of Rs 50,000/- to set aside a petition for a exparte divorce decree in distiric court
Client said he can give only 10,000
To this the advocate had send an SMS of his accoutn no. to deposit the same.
Client had deposited 10,000 is Advocates A/c.
No response from the Advocate till one month, After a month Client asked the status Client siad he cant pay more.
After a fortnight again client asked the status of his petition to the Advocate, the Advocate again demanded money to the client.
After a week client gave 5000/- cash to advocate.
Again after a week client asked the status of the application. No repsonse from the client.
After 2 days client had send a telegram to advocate to withdraw his services, remaining is history.
Now advises please
Kirti Kar Tripathi
(Expert) 02 April 2011
You can change your advocate but you have to obtain no objection. In case he does not give, his consent, you can apply to the court by making request. However, from the facts as you narrated, no contempt is made out.
RAJU O.F.,
(Expert) 02 April 2011
If your advocate is demanding more fees than the agreed figure, you can withdraw the vakalath. But no advocate can give guarantee to the outcome of the litigation and hence the fees should not be conditional to the outcome. Often, the clients expects immediate results to the litigation, which may not always possible and hence blame the counsel. If you have genuine grievance, you may prefer complaint to the concerned Bar Council.
Naresh Kudal
(Expert) 03 April 2011
Completely agree with Mr. Raju.
