Unethical practice by a lawyer
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
Hi,
I hired a lawyer (Mohd Sadique and his assitant Mohd Shamim in Patiala House court) for a cheque bounce case in Delhi. For registering the case in court, I also gave him the original agreement that I did with the accused. Now, it is time to register a case in court, he is neither filing the case nor giving back the file.
He is also not giving back the legal notice that he sent.
What are the options in front of me. Can I raise my complaint against him in Bar association/ council.
In such condition, can I hire another lawyer and he accordingly send another legal notice. Please advice.
Sailesh Kumar Shah
(Expert) 02 September 2011
"Can I raise my complaint against him in Bar association/ council".
Ans.Yes
"can I hire another lawyer and he accordingly send another legal notice".
Ans.Yes
Querist :
Anonymous
(Querist) 02 September 2011
Would not the second legal notice will nullify the my right on the case ??
prabhakar singh
(Expert) 02 September 2011
Expert : Shailesh Kr. Shah is right
Advocate. Arunagiri
(Expert) 02 September 2011
Second notice is not possible. The count down had already started from the 1st notice it self.
ajay sethi
(Expert) 02 September 2011
yes if you issue second legal notice in respect of dishonoured cheque no complaint under Section 138 is maintanable .
Querist :
Anonymous
(Querist) 02 September 2011
I am confused now. Please suggest what should I do now.
Advocate. Arunagiri
(Expert) 02 September 2011
If you want the final solution, Search for a good advocate on your own or search from the LCI.
He will help you. It is not possible to educate you on all legal points.
ajay sethi
(Expert) 02 September 2011
when you hired the lawyer did you agree to pay him _______fees for drafting of complaint . if you had paid his fees agreed upon he would not have refused to file criminal complaint . go and meet him and settle his bill . he will willingly return the original papers of the case
Querist :
Anonymous
(Querist) 02 September 2011
I paid his professional fees in advance. He is now asking for exorbitantly high fees, which I can't afford.
Devajyoti Barman
(Expert) 02 September 2011
If your allegations are true then it seems to be a very fir case for lodging complaint against then before the Bar Council.
You can take recourse to usual legal measures as well.
ajay sethi
(Expert) 02 September 2011
did you obtain a bill from your lawyer? whether bill mentioned the fees to be charged for drafting and filing of complaint .
you have stated that you paid fees in advance . were the fees paid for drafting and filing of complaint
Querist :
Anonymous
(Querist) 02 September 2011
fees was paid in cash
Advocate. Arunagiri
(Expert) 02 September 2011
Author: Anonymous,
Mr.Sethi asked you whether you obtained a bill. You have not replied.
Querist :
Anonymous
(Querist) 02 September 2011
No, he did not provided any bill
ajay sethi
(Expert) 02 September 2011
well you did not obtain any bill nor did you obtain any receipt from your lawyer . you dont have any proof of payment made by you.
Advocate. Arunagiri
(Expert) 02 September 2011
For unethical practise of the advocate you can give a complaint to the Bar Council.
If he is retaining the originals and not returning it to you for filing before the court, you can prefer a police complaint.
You dont have the originals, so you can not file the case.
You dont have the cash receipt from the advocate, so it too hard to prove your allegations.
Devajyoti Barman
(Expert) 02 September 2011
The problem for the client is hardly 1 out of 10 advocates gives receipt for the payments made by them.
Raj Kumar Makkad
(Expert) 02 September 2011
Mr. Barman! Why do you say 1 out of 10, I think more than 90% lawyers including we experts posting our replies against this query do not issue any receipt against the payments to their clients. So what to expect from this poor litigant?
In the light of given facts, you approach the same lawyer once again and tel him that you are unable to meet his higher side demand of fee so either he should accept your case on decided fee or should return his brief otherwise if you face any loss due to passage of time and become unable to file your complaint within stipulated time, the entire compensation shall have to be borne by him.
Even then he do not provide you relief, file complaint with Bar Association as well as in consumer forum and ensure earliest notice to such black sheep which occupied its place in this noble community.
Guest
(Expert) 03 September 2011
My profound regards to S/Shri Devajyoti Barman and Raj Kumar Makkad and for their frank and factual statements. In fact none dares to reveal such a bare fact so frankly, as both the experts have stated. This fact cannot be denied.
Shri Raj Kumar Makkad has also provided right advice for the querist. So, since the querist is a real sufferer, but don't have any proof against the lawyer, the advice of Shri Raj Kumar makkad is quite perfect to be acted upon by him. The querist has to make humble approach to the concerned lawyer either to return his case or to fight the case with the same fee.
BUT, if such thing has happened to the complainant, I don't think the concerned lawyer would fight his case with all his sincerity. So, it would be better if he takes back his case. BUT still, in my opinion, such unethical practitioners should also get appropriately exposed before the Bar Council.
R.Ramachandran
(Expert) 03 September 2011
In the whole melee, one should not lose sight of the fact that both Mr. Barman and Mr. Makkad are saying the same thing as far as the practice of issuing receipt is concerned. Both are on the same page.
Mr. Barman says that 1 out of 10 are issuing receipt.
Mr. Makkad says that more than 90% of lawyers do not issue receipt.
I also agree with the advice of Mr. Makkad to the client.
prabhakar singh
(Expert) 03 September 2011
yes ,it is true ,hardly there in practice receipts are issued.In our area not even lump sum fees is agreed barring session trails and in civil cases it is invariably without exception payment is on date to date basis,that too very moderate .
Querist :
Anonymous
(Querist) 09 September 2011
I am really confused now. Yesyerday, I met with a lawyer in Delhi court. He told me that the cheque can be presented again. On the basis of the new return memo, another legal notice can be sent to the defaulter.
R.Ramachandran
(Expert) 09 September 2011
I think you have an uncanny knack of courting such people.
On 2.9.2011 itself in this Forum, you had been advised that you cannot issue second notice in a cheque bouncing case.
In spite of this, why did you consult another lawyer on a subject for which you had already got a proper answer.
It all happens because people want to some how overcome their inherent defects (even if the same is not permitted by law), to get quick solution at cheapest cost.
So long as this is the tendency of the clients, there will definitely be others with inadequate knowledge or experience to take advantage. It is for the client to be alert.
Guest
(Expert) 09 September 2011
I endorse the views of Shri Ramachandran.
