Erring Advocates and Bar Council Process
Sammelan Kavi
(Querist) 19 July 2009
This query is : Resolved
I hired services of two lawyers X & Y for a certain matter concerning multiple courts against the same accused. Both the lawyers prepared and filed application in two different courts. Application filed by X was dismissed within minutes because it was in incorrect Jurisdiction and Judge told the lawyer X "You ought to have known that" and reprimanded the lawyer for bringing such applications to her. Second Lawyer Y did not show up on the date but sent someone else junior who had no clue of the case. It was also later discovered that the second application too was filed in incorrect jurisdiction.
What are my choices? How do I recover the fees tendered to the lawyers?
Kiran Kumar
(Expert) 19 July 2009
ur reply has been duly answered in the forum.
for technical issues u better read Advocate's Act, 1961.
Sanjeev Mohan
(Expert) 20 July 2009
sir, you can approach state/district consumer Court as you come under the definition "consumer".
Sarvesh Kumar Sharma Advocate
(Expert) 21 July 2009
New Delhi, Apr 13 The Supreme Court today stayed a National Consumer Disputes Redressal Commission (NCDRC) order that advocates can be dragged to consumer courts by clients for deficiency in service.
A bench of Justices L S Panta and B Sudershan Reddy stayed the national forum&aposs order on the petition filed by the Bar of Indian Lawyers president Jasbir Singh Malik challenging the commission&aposs order.
Sammelan Kavi
(Querist) 22 July 2009
Dear Sarvesh
Thank you for the timely advice. I had been wondering about the Consumer case since lawyer Y has refused to issue
even a receipt for the money he took.
I have made a disciplinary complaint at Bar Council. I am trying to discover case laws wherein lawyers or professionals were made to refund fees
There is one clause *#12?) in Secn 35 of Advocates Act that allows refund for unused portion which is 100% applicable for Lawyer Y.
I have also adviced to approach the Local Court with 156(3) and get Police to work with IPC 420. Lawyer Y gave me invoice where he explained how he had spent off all the money paid and did mention cases for whom he had not started to work
