Can a lawyer withdraw his vakalatnama
Divya
(Querist) 07 November 2012
This query is : Resolved
Dear Sir/Mam
Can a lawyer withdraw his Vakalatnama from any court proceedings without a justifiable cause…this way any lawyer can jeopardize a client’s case by threatening to withdraw and weaken the client’s case..
In what circumstances can a lawyer withdraw his Vakalatnama??? Is a client not to be involved when lawyer takes ex-parte decisions???
Thankyou
V R SHROFF
(Expert) 07 November 2012
Can a lawyer withdraw his Vakalatnama from any court proceedings without a justifiable cause…":
ANS: NO.
this way any lawyer can jeopardize a client’s case by threatening to withdraw and weaken the client’s case.[ NO COMMENT]
In what circumstances can a lawyer withdraw his Vakalatnama???
ANS: If Client remains absent often, Do not instruct his Advocate. Prior notice to withdraw VP be issued to client as well as Court, for withdrawing his V.P.
Is a client not to be involved when lawyer takes ex-parte decisions???
Lawyers cannot take Ex-Parte. Judge decide, if Party and their Adv remains absent many times..
R.K Nanda
(Expert) 07 November 2012
hypothetical query.
Sailesh Kumar Shah
(Expert) 07 November 2012
As per BCI Rules:-
"An advocate shall not ordinarily withdraw from engagements,once accepted, without sufficient cause and unless reasonable and
sufficient notices is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned"
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 November 2012
Shroff sir and many others who respond to querries related to advocates without knowing the true facts and knowing the position of the concerned advocate who is not there to explain.
Shroff sir you have taken a brief from one kuldip OF DELHI at Mazgaon court without first finding out how many advocates he has duped earlier without paying a paise.
Another Gujrati couple is in your contact who are facing multiple cheque bounce cases and have duped many advocates.
The accused do not pay promised fee and fabricate complaints to avoid obligations .
Guest
(Expert) 09 November 2012
Advocate Defence,
I wonder if your reply has any relevance to the present query. The querist raised some simple general questions about withdrawl of vakalatnama by advocate, but you have raised some controversial point about some clients like Kuldip of Delhi and a Gujarati couple who duped many advocates, as if you knew that the querist (Divvya) was also one of the party related to those cases. Did you mean that the experts should have not replied the present query or any such query that may pinpoint about some likely misconduct of an advocate?
Guest
(Expert) 09 November 2012
Dear Divvya,
As pointed out by Shri Nanda, your query becomes hypothetical without making a mention of real problem you are facing and what was the cause of withdrawal of vakalatnama to which you treat unjustifiable cause.
Your second query does not justify any reply from experts unless you state the full facts of your case where your advocate has threatened to withdraw his vakalatnama and the real cause behind that.
V R SHROFF
(Expert) 09 November 2012
DEAR ADVOCATE DEFENCE.
Though I appreciate your knowledge about my personal briefs, and thanks u for informing abt those clients,
I do not like publishing Professional secret of naming the Clients , and or defaming them. Our Clients are our God, and we are here , duty bound, to serve them . All are not alike.
And for your information, I was paid in Advance in 5 figures from client mentioned here, by Bank trf. I do not know that the querist (Divvya) was also one of the party related to those cases.
I will like it, if u send such information directly to me on my E Mail or SMS me. Kindly keep such facts in confidence,after all We are Professionals, and client expect us not to disclose their activity or name, even if they do not pay.
I know at least 3 out of 10 client waste our time, dupes us, and we never know who are those 3 out of 10. We have to bear that risk. We loose time, and have a pinch, he successfully fooled us. Take it for granted that 30% of clients are likely to burn us. I don't think we can stop it, or save ourselves. It may cost more, if we try to avoid such clients. I think it is a common experience with all of us, Advocates. When we get double the fees, we never tell it to anyone. It automatically adjust non payers.
Only precaution, do help for limited purpose, with time limit. NO MORE FOR UNPAID CLIENTS.
I do appear at Nasik Court regularly, and can talk there personally.
But please, do not disclose such facts, and clients, on public platform,. Keep it confidential. u may use PM SMS E mail . Mobile. Why shd public know abt it??
REGARDS.
Adv Shroff
ajay sethi
(Expert) 09 November 2012
agree with MR shroff and Dhingraji
Raj Kumar Makkad
(Expert) 17 November 2012
I also have similar opinion as of Dhingra g and Shroff.
