Client signature taken on revenue stamp on white paper
SRINIVASU
(Querist) 17 January 2014
This query is : Resolved
Dear All,
Please clarify me that is it required to get client's signature on revenue stamp on blank white paper to appeal in higher court? Is it fair practice?
Srinivas
ajay sethi
(Expert) 17 January 2014
you have to get his signature on vakalatnama not blank papers
SRINIVASU
(Querist) 17 January 2014
Thank you sir for quick reply. But here thing is case filed by one of our family member and lawyer got the signatures on blank paper on revenue stamps.
My father in law is a postal department employee. He died in an accident in 2007. Immediately, his family members a suit through a lawyer for insurance claim. The layer not disclosing particulars and status of case to the petitioners.Now claim amount sanctioned but not in full for which suit filed. More over not paying at a time to all petitioners. More over, to receive such claim amount, the representatives of lawyer insisting to open a new bank account with only the bank which suggested by them and doing all process to open account and opening kit keeping themselves only. Cheque received with claim amount depositing by themselves and withdrawing amount by themselves only. Paying the balance amount after deducting lawyer fees Rs.25000/- per Rs.100000/- ( Got the signatures of petitioners as agreed to pay this much fees when they were in shock of thier father's death) claim amount and other charges to representatives. The representatives saying that we are going to file suit in high court to get full claim and got the signatures of petitioners on revenue stamps on blank white paper.
ajay sethi
(Expert) 17 January 2014
well 25%of actual amount recovered is too steep . but fact of the matter is you willing agreed to pay the lawyer so much fees .
anyhow lawyers cannot charge on percentage basis depending upon results of litigation
Advocate. Arunagiri
(Expert) 17 January 2014
It is a bad practice, but, it is true that it is practice.
SRINIVASU
(Querist) 17 January 2014
Then, what we have to do? The lawyer not giving any details. Is there any way (Website / application to court, etc.,)to get the full details and status of case and what was done and steps taken by the lawyer?
Is it required to open a new bank account only with the bank suggested by the lawyer?
Devajyoti Barman
(Expert) 17 January 2014
I think you are duped/coerced by a lawyer. It is not safe to proceed the case with the same lawyer.
Change him as soon as possible to stop further damages to you.
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
It is better to follow the advise given expert Mr. Barman in this issue.
prabhakar singh
(Expert) 17 January 2014
THERE ARE KINGS IN THIS AREA OF PRACTICE WELL ORGANIZED TO DO SCAMS.
Guest
(Expert) 17 January 2014
Though it is not justifiable or Legal the practice in accident cases the advocates are taking percentage in accident claims.for that they have so many reasons which could not be open.When you are in India be an Indian.Please do not rub your advocate and sort it out amicably and get your claims which could have been rejected in so many aspects.Understand.
SRINIVASU
(Querist) 18 January 2014
Thank you devajyothi sir for your advise. For that purpose only i requested to show me a way to get the details and status of case.
Prabhakar Singh sir, Yes.. you are right. He is one of the King. He as the power to influence.
Thank you narsimha sir for expressing your view.Even it is a practical problem, it should not beyond the limits. What you said is right, the claim could have been rejected by insurance company on various unreasonable grounds. People with that view only appointing lawyers to get win for justice. This is the "fate of Indian" and he don't want to change it. I hope Lawyers are to fight to get justice not to buy it (they have so many reasons which could not be open.
ajay sethi
(Expert) 18 January 2014
since you are party to the case you are entitled to inspect case records . visit the motor accident tribunal and contact associate /clerk of said court and take inspection of records on payment of fees .
SRINIVASU
(Querist) 18 January 2014
Thank u ajay sir. Can we get copy of such documents from said sources?
Rajendra K Goyal
(Expert) 18 January 2014
It is bad practice to take sign on blank paper or on revenue stamp fixed on blank paper. Engage another lawyer after amicable solution with your previous lawyer.
Guest
(Expert) 18 January 2014
so many Reputed banks are doing it for Loans They take blank cheques
Devajyoti Barman
(Expert) 23 January 2014
You can think of lodging complaint with Bar Council.
V R SHROFF
(Expert) 23 January 2014
Agrees with advise given expert Mr. Barman
prabhakar singh
(Expert) 23 January 2014
CLIENTS ARE EQUALLY DITCHERS AS THEY AGREE TO A DEMANDED FEES AFTER AWARD IN THE NAME OF PAUCITY BUT AFTER AWARD DITCH THERE NOBLE
ADVOCATES THEN THOSE ADVOCATES WHO WERE SMARTER THAN DITCHERS STARTED THIS PRACTICE
FOLLOWING TIT FOR TAT.
I HAVE BEEN A LIFE LONG VICTIM FOR MY FEES IN THESE TYPE OF CASES IS A TRUTH.
Guest
(Expert) 23 January 2014
Its a verdict for all practising lawyers By Mr.Prabhakar Singh Ji
