Lawyer’s ethics and reliability?
Querist :
Anonymous
(Querist) 08 January 2012
This query is : Resolved
As you all may be aware that some of the Lawyers nowadays takes money and case from the client and works for the opponent’s lawyers for more money and by this way they ditch the client by selling his professional ethics.
1. How to stop this practice (I am one of the victim of this type of practice)?
2. Whether any specific remark/condition on WAKALATNAMA may help so that the advocate can’t misuse it?
Advices/opinions please!
Raj Kumar Makkad
(Expert) 08 January 2012
1. Moral values are required to be spread all over society. Western culture and thoughts seem prevailing in a very fast speed which are based upon the though of eat, marry and die so revive Bhartiya values among all citizens of Bharat including lawyers.
2. It can also be tried but I do not think it can be a mechanism to deal with such big problem.
Querist :
Anonymous
(Querist) 08 January 2012
How to tackle, if a lawyer does so, to rescue the health of the case?
Devajyoti Barman
(Expert) 08 January 2012
Wastage to time.
Posy your query in Forum.
We are here to help solve legal query of litigants, not for preaching sermon.
ajay sethi
(Expert) 08 January 2012
generally before settlemnt is arrived at prior consent of client is must . if only client agrees , advocate files consent terms . in addition court insists that both parties should remain present when consent terms are filed .
only if both parties agree that they have signed consent terms court passes an order .
similarly all affidavits , written staement , plaints have to be signed by parties . sufficent safegaurds are available
Raj Kumar Makkad
(Expert) 08 January 2012
Generally it should be done as told by sethi but the practical aspects are not same so the author has to bring this vital fact for our consideration.
M/s. Y-not legal services
(Expert) 08 January 2012
am also agree with ajay sir.,
in tamilnadu also some peoples avail in that category.,
-tom-
V R SHROFF
(Expert) 08 January 2012
Even for Advocates, Honesty is the best Policy.
Other prospective Client check record of Advocate, and reputation makes lots of difference.
Dishonesty adversely affect Advocate, and he looses in long run. It may temporarily help getting money, at the cost of reputation.
Nothing remain secret.
Party have option to Appeal.
It is a matter of TRUST, and Advocate must never do it. You are free to charge double, but do not sell yourself for money. It is a noble profession.
We are not that poor or starving that we need to earn at all cost!
It also happens that client do not pay, and harass Adv, and he is tempted to collect his fee from opposite party. Many client cheat Adv, and once job is not, do not show their face, & Majority of Advocate have to forget their fees, in many cases. it is a common experience. Advocate deliver words of mouth in consultation, tha cannot be taken back , unlike any other shop selling some material.
If don't pay, shop keeper can take it back. We Advocate cannot take back the services already provided, and client take advantage, . It adversely affect his honesty. To be on guard, but do not betray your client, who is your god, and God made us to serve or client, a holy duty.
Do not sell justice.
Shonee Kapoor
(Expert) 08 January 2012
I endorse the views of Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 13 January 2012
Can Bar council of concerned court initiate any proceedings against the culprit lawyer if complaints of such type of case brought in to their notice?
Advocate. Arunagiri
(Expert) 13 January 2012
You can give complaint before the Bar Council with proof. If you dont have any proof, dont waste your time.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
When you make charges you should have evidence to prove , otherwise you are just defaming that person.
Raj Kumar Makkad
(Expert) 15 January 2012
Bar Council is a competent body to take disciplinary action against the erring lawyer and can even disqualify him for further practice.
