vakalatnama
shrigopal sharma
(Querist) 02 March 2011
This query is : Resolved
we are a cooperative society, in a case a advocate filed his vakaltnama in our case without our permission / consent and appeared before the court and He shaked the hand with our opposite party, resulted we had loose this case. We got copy of his vakaltnama in RTI and noted that there is no signature of ours not on it. what step we have to or what step we can take against this advocate.
adv. rajeev ( rajoo )
(Expert) 03 March 2011
It is wonder how come advocate appeared in the case without your sign on vakalat. File a complaint before the Bar Council of your state. There will be a disciplinary committee, it will look in to the matter
Kiran Kumar
(Expert) 03 March 2011
you can proceed against him in Bar Council and simultaneously move a criminal complaint against him.
but its really strange to know the some lawyer appeared for your society without any consent.
whatever is the case, the allegations are serious...you will get relief.
Kirti Kar Tripathi
(Expert) 03 March 2011
It is very strange. If it is so, it is professional misconduct, you can initiate criminal, civil proceedings and also can complain to Bar Council for taking disciplinary action.
Guest
(Expert) 03 March 2011
If that is true that the advocate unauthorisedly represented you, clearly that becomes a case of professional misconduct due to which the advocate can even be barred from doing practice. Such immoral professionals should not be allowed to ruin the lives of their clients.
H. S. Thukral
(Expert) 03 March 2011
How come you remained spectators to the proceedings when an unauthorised advocate was appearing on your behalf. If your attendnece is marked in the proceedings alongwith the Advocate then there is implied consent in his favour.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 March 2011
How can an advocate has appeared without your consent. You are changing the story after the result.No advocate will do it.
Irrespective of advice do not attempt the adventure of misconduct , it may boomrang.
Sri Vijayan.A
(Expert) 03 March 2011
I agree with Singh and Shashi.
The story what u said is not feasible
sharven kumar
(Expert) 03 March 2011
All facts must be verified before initiation of any action against an advocate.His attendance in the case file,representation in the argument stage and mention of his name in the judgment etc are few hints.Once verified a complaint under section 35 of the Advocates Act be made to the state Bar Council for initiation of disciplinary proceedings.If strong evidence exists then criminal proceedings under sec 205 or Ss 463 to 481 depending on the facts can also be initiated.
Guest
(Expert) 04 March 2011
Of course, I also agree with the points of doubt raised by S/Shri Harbahajan Singh and Shashi Kumar. However, as advised by Mr. Sharven Kumar, you must first verify all facts and only then proceed with the professional misconduct case, only if you have very strong evidence in this regard.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
