Bar council
Sultan
(Querist) 17 August 2012
This query is : Resolved
1. My first hearing for disclplinary case against 2 lawyers in bar council is soon.
2. Sole grievance in the disclipinary case against two advocates is, they have proceeeded and filed vakalatatnama in high court without my consent and knowledge. And my sign in vakalatnama is forged.
3. There are other 3 parties to vakaltanama, which are my relative.Basically there is 4 signature in vakalatnama including mine.
4. As per my knowledge other parties in vakalatnama and advocates are in conjunction with each other in this fraud.
5. The matter in high court is Property related, they wanted to dispose the matter off without my knowledge.
Queries
1. Is it advisable to appoint advocate for myself in bar council hearing.
2.Its an out station hearing.
3. Advocate there are reluctant to fight against other advocate. Normally I find same elsewhere to :(
4.Any time limit for disposal of case.
5.What kind of punishment is expected to such act.
ajay sethi
(Expert) 17 August 2012
you have made serious allegations against the advocate . it is better you attend personally on dates fixed for hearing . no time limt can be specified . if alleagtions are proved bar council will take disciplinary proceedings against said advocate
Anirudh
(Expert) 17 August 2012
1. Having said that you did not give Vakalatnama (rather you did not sign the Vakalatnama and you did not appoint the lawyer for yourself), did you take steps to intimate the court accordingly?
2. Did you take steps either to appoint another lawyer for you, or in case you do not want to pursue the case to withdraw your name from the array of the parties?
3. On what basis do you say that the signature is forged?
4. Even assuming that your signature on the Vakalatnama is forged, how do you say that it was the handiwork of the Advocate?
5. Why can't it be by your three relatives, one of whom might have forged the signature and simply submitted the Vakalatnama and the Advocate believing them might have accepted the Vakalatnama.
(PLEASE NOTE THAT I AM NOT IN ANY WAY TRYING TO DEFEND THE ADVOCATE.) I am only trying to bring to your notice, what are the queries that might be asked and for which you should have ready answer.
These are the things that you should concentrate rather than asking - what is the time limit for the diposal of the case and what is the punishment the accused will get.
I am always tempted to ask such clients, for them what is the acceptable time period for disposal of case, and what is the minimum punishment to the accused that they would be satisfied? I also would like to ask whether they would not be interested in pursuing their case in case the time period for disposal is not suitable, or the punishment which they expect to be given to the accused is lesser than that they expect to be given.
Sultan
(Querist) 21 August 2012
Mr Sethi
I will personally attend the hearing, jus wanted to know should I take any advocate with me or I can handle the matter myself
Mr Anirudh
Reply pointwise
1.I have filed fresh Vakaltanama in that case, and intimitated registrar of court regarding forged vakalatnama & given copy to accused advocates.
2. as above
3. I have taken copy of certified vakalatnama from the court, and it is personally verified its not my signature.
4.In no way I am saying that advocate has forged my signature, but I had no other choice in my case, other than bar council.
5.Its is possible that my relative has done that, in that case it was the duty of advocate to verify the person signing vakalatnama.
( I Know sir , I am glad u asked questions )
Pls reply ASAP
V R SHROFF
(Expert) 21 August 2012
Dear Sultan,
Agreeing with Shri Ajay,
I appreciate view of Anirudh, the actual and factual of VP Signed jointly by many persons.
Parties reside far from each other, and only one or two , who are interested, and in charge of the affairs, who pay, and attend cases, looks after receiving signatures of all other parties.
So in practice, Advocate cannot insist that all must be present before him, and sign in his present.
A Head of household, or having Power, submit the Vakalatnama signed by all.
If Advocate suspect a fowl play, or doubt that a particular party is harmed , and had not come before him, Advocate call that party, otherwise he will carry on , trusting the majorities of parties.
So it may not be Advocate, but other connected parties who signed VP may be involved.
It also means, you never visited your Advocate, and unaware of the contents of the case. Pl note this & do needful. All others are likely to say, you signed yourself in their presence, and even Advocate too, have to say that only, that it is your signature!!. You will need to rely on Hand writing experts, and it is going to be a complicated case, and will delay Disc Proceedings.
Will you be able to prove, Advocate personally gained by doing so?? Advocate had intention to do so, , without the knowledge of other three clients??
Better you try to protect your right, ,Move higher court.
