False assurance and extortion of fee by the advocates
ashok k rao
(Querist) 22 June 2014
This query is : Resolved
Sirs,
As advised by experts, i went ahead to try luck for getting the false complaint of alleged assault by the father in law and step mother in law of my daughter in Bangalore. I contacted one lady advocate who assured me that her senior and the 482 court hon judge have been good friends and any case taken up by her senior would be signed off by the 482 court hon judge. I paid good amount as token despite her demand to pay full amount, even before the case was filed. I was assured that on 15th April 2014, i will have to meet her to collect the QUASH order. But the case was finally filed during the holidays, and the holiday bench granted STAY for 45 days. The lady advocate demanded full amount screaming at me, but i had politely escaped to pay balance upon receipt of QUASH order.
On the Admission Day, the so called Senior could not utter even a word in defence whereas a young advocate brought so many points, for which the senior had no counter. The senior despite my explanation and materials provided to him totally of the case had not even prepared himself to speak even basics and we were asked to go to lower court for discharge.
Can i file a complaint with any legal body against these two advocates for claiming to have intimate relation with a judge based on which false assurances were given?
uttamtibrewal@yahoo.com
(Expert) 22 June 2014
Dear Ashok Roa..
Yes you can make complain at BAR COUNICL OF INDIA , along with stat bar at banglore court it self ....
Sir you need to immediate change ur lawyer and do not fight case on the basis of intimate relation with judge rather ask to go for on merits ....
for any help or query on any legal matter do reply or contact me at uttamtibrewal@yahoo.com
Raj Kumar Makkad
(Expert) 22 June 2014
Immediately bring the facts to the knowledge of the court and change your lawyer and then file a complaint with local Bar Association and then to Bar council of that State and wait for the outcome.
ajay sethi
(Expert) 22 June 2014
it appears senior had not read the brief . if he had done so he would have been able to argue your case .
now that HC has directed you to file for discharge before lower court do so .
dont file complaint before the bar council . you have no evidence that any such statement was made by advocates that on account of seniors good relations with judge quashing evidence would be passed by the judge
Rajendra K Goyal
(Expert) 22 June 2014
You should have relied on the merit of case and not on the assurance of lawyer that he would get relief as he knows / is related with particular judge.
Now file in lower court and have services of some good lawyer.
Raj Kumar Makkad
(Expert) 22 June 2014
The observation of Sethi ji is correct. I have not gone in depth of the query rather I based my reply over the previous opinion.
Anyway, the suggestion provided by me should be got amended as per reply of Sethi ji.
ashok k rao
(Querist) 22 June 2014
Sirs,
when this senior heard me and read my papers, he was so confident that the judgement would be in our favour. and naturally as assured by this lady advocate and the senior, i also felt that the case has merits. moreover, i was told that when this senior takes any case, it is understood that he does not accept fake cases. As an aggrieved parent, i also went on the face value of the claims made by this lady advocate and also the senior. I need a clear advise sirs, should i complain or accept the happening. and i am approaching lower court for discharge through an advocate known to me and capable of presenting the discharge case effectively and rest to my luck.
Devajyoti Barman
(Expert) 23 June 2014
Sorry, there is no basis of complaint in bar council.
Go for discharge. Advocates only presume the outcome of case, final verdict rests with the pen of the judge.
Raj Kumar Makkad
(Expert) 23 June 2014
As this is the legal issue, better to avail all legal opportunities as per advice of your known lawyer except making complaint anywhere.
ajay sethi
(Expert) 23 June 2014
you should not file complaint before Bar council . file for discharge before trial court .
ashok k rao
(Querist) 24 June 2014
Thanks Sirs (Experts I appreciate the time given).
Kindly advise on last question on this topic.
Can i write atleast to the Hon.Judge concerned briefing him the tricks played by this lady advocate so that the Hon.Judge keeps note for taking care at the HC LEVEL in future? Since the fee paid to the advocate is also on higher side, is there any way to recover part fee paid excess?
Raj Kumar Makkad
(Expert) 24 June 2014
There is no use to write such letter to the judge and moreover, it shall complicate the issue. Better to follow the advise already provided to you.
ashok k rao
(Querist) 25 June 2014
D Barman saab,
Thanks for your advise.
I do appreciate that the advocates will only present the case and it is all the perceptions of the hon judge to give final verdict.
But in my case sir, the advocate/s have literally took me for a ride to give me the judgement even before the case was filed. Worst thing is that they could not even counter the points of a junior (by age) advocate. And this advocate is very senior practicing in Bangalore for nearly 4 decades. and this lady who assured of result in my favour, is a family lady with two daughters married and till first payment, was sounding very humane. I feel this was sufficient to handover my case to him. (i dont know whether this will call for your answer or not, Sir). Once again, thanks LawyersclubIndia experts).
R.K Nanda
(Expert) 25 June 2014
no more to add.
ajay sethi
(Expert) 25 June 2014
no lawyer will refund you the fees . seniors charge more fees . dont send any letter to the judge .
it happens some times that seniors are overloaded with briefs . he may not have read the brief at length hence could not make effective submissions
ashok k rao
(Querist) 25 June 2014
Well Sethi Saab,
I too wanted to close this topic. No one will understand the loss to my family just because the so called senior didnt prepare for this case. I am sure you will also appreciate that the senior has NOT done right thing. Moreover, in my opinion no case should be taken lightly. You advocates are NO LESS than a doctor, who can save or mar a life.
regards,
ajay sethi
(Expert) 25 June 2014
i agree that senior should have studied the brief and argued to best of his ability . any how prepare for your discharge application before trial court .
uttamtibrewal@yahoo.com
(Expert) 25 June 2014
Ashok jeee...
You are right ... you can file complain against the lawyer in bar council of Banglore as well file complain at BAR council of India do not sit ideal ... you have to move ahead and at least step forward ... you will get ur way and get justice......
Raj Kumar Makkad
(Expert) 25 June 2014
Nothing shall derive out of complaints at this stage.
