Medical seat not recognised by MCI
Querist :
Anonymous
(Querist) 08 September 2018
This query is : Resolved
We want to file a case in court against our medical college for not granting us MBBS recognised seats.However the lawyer we spoke to, took our money without giving us any receipt, and hasn't filed the case yet despite us giving him all necessary documents. My questions are
1. If this fellow shows incompetence and delay, will he give us the money back? Is it normal in this profession to take money before filing the case?
2. Consider if he files the case and we feel he is incompetent during the proceedings, can we decline his services and ask an another lawyer to file the same case in the court?
3. If we loose the case because of this man's incompetence can we file a case against him?
K Rajasekharan
(Expert) 08 September 2018
When you pay money you can ask for receipt and it is your right too. Then let me answer your specific questions.
It is normal in the profession to take money first for the ensuing work, for which you will get receipts. It is your duty to choose the right advocate for your purpose and ensure before engaging him to find that he is competent enough, by all means. For incompetence or delays you have no right to get any sort of compensation as the lawyer cannot dictate the court to get you an order in your favour and as you think about it.
During the course of the case you are at full liberty to change your advocate in the same case itself. You will not be able to file a fresh petition about the same course of action, normally.
You cannot file a case against the advocate unless there is some malafide action on his part. Incompetence cannot be a reason for filing any case against an advocate even if he is incompetent. This is because any client is under full freedom to choose an advocate of his choice without any compulsion of whatsoever nature.
Querist :
Anonymous
(Querist) 08 September 2018
Thank you for the reply, it cleared a lot of my doubts.
However, it is sad that the courtesy extended to individuals in your profession, namely protecting the incompetent based on a flimsy argument isn't extended to other professions. No offense, but that should be changed, it would force a lot of lawyers to behave better and act carefully
Isaac Gabriel
(Expert) 09 September 2018
The query seems as mudslinging rather seeking advice by anonimity.
K Rajasekharan
(Expert) 09 September 2018
The querist may kindly understand I was a non-lawyer like you for the past sixty years and has been a lawyer only for three years, exactly since February 2015. This fact alone will sometimes make you know how infirm or unrealistic your understanding and reasoning are.
What you state here as incompetence need not be real incompetence which many advocates really have, but it would be the result of your weird thinking and improper perception.
You asked an open question and I answered it. You can take it or reject it as you please. But I don’t think you have any right or reason to make any comment or provide any advice on my attitude, compassion or comment, which is not at all a matter of issue here.
If this forum is used as an area for knowledge exchange for the benefit of non-lawyers it is well and good for the common people who have no easy mechanism to acquaint with or learn the nuances of law. The process of knowledge sharing will get diminished or fade away if people like you come here and make such unnecessary comments when not getting desired answer from this forum.
Guest
(Expert) 09 September 2018
Mr. or Ms Anonymous, whosoever you are,
First of all, your problem is that you have not been granted receipt for the money received by your hired advocate, but do not have any other problem. That problem, more or less, is not a legal problem for the time being. For non-grant of receipt you could have corresponded with him, issued notice to him or approached the Bar Council, as none of the experts at LCI can compel your unnamed lawyer to grant you receipt.
Secondly, you have not provided any data to show, when you hired the so called lawyer, when handed over your documents and whether he has actually refused to file a case on your behalf or not.
Thirdly, being an anonymous querist, you do not have any right to ask the experts about the ethics & practice of their profession, whereas your own attempt to grill the experts is unethical and questionable, as an anonymous author of the query. If you are so concerned with the problem, you could have the courage to come forward with your real name, ID, and photo to discuss your problem threadbare with all the details of the event and discussions you had with your lawyer. The experts would have been honest enough to suggest you some solution.
Fourthly, your questions are quite irrelevant and premature in the present scenario, as in the absence of any such event having occurred, you cannot pre-judge the competence of your lawyer without his filing a case, not properly fighting the same in the court of law or willfully failing in his efforts.
Fifthly, your first presumptive question, "If this fellow shows incompetence and delay, will he give us the money back? Is it normal in this profession to take money before filing the case," is quite hypothetical and irrelevant to ask from the experts at LCI. Question arises, how the experts can be expected to know the practice of non-grant of receipt for money by the whole of the community of lawyers throughout the country of India? About the practice to be normal or not in the profession, none of the experts can be expected to know what is prevailing practice among the lawyers of your own town. You could have asked your question directly from other lawyers of your town. Further, how the experts can guess, whether your lawyer is honest enough to refund you your money after whatever services, he provided your or not, more so when you have not given any detail about your deliberations with him?
Sixthly, your second presumptive question, "Consider if he files the case and we feel he is incompetent during the proceedings, can we decline his services and ask an another lawyer to file the same case in the court?" is also quite vague and irrelevant. Question arises, why the experts at LCI should assume or presume just to satisfy your whims & fancy with your hypothetical question without any such event having occurred?
Seventhly, Your third presumptive question, "If we loose the case because of this man's incompetence can we file a case against him?" is also quite vague and irrelevant Again, the same question arises, why the experts at LCI should assume or presume just to satisfy your whims & fancy with your hypothetical question without any such event having occurred?
Eighthly, your criticism of the response of the expert, Mr. K. Rajasekharan, while hiding yourself, is highly deplorable, as quite unwarranted, when you have not been honest with the experts of the LCI having not come forward with your own introduction, real ID, picture and even detail of the case. Contrarily, he with all his honesty has tried to satisfy your vague and hypothetical queries, which in fact should have been ignored.
IN FACT, YOU ARE GUILTY OF CRIMINALLY ENCROACHING UPON THE VALUABLE TIME OF THE EXPERTS, & TRIED TO MISUSE THE FACILITY OF FREE ADVICE BY EXPERTS, WITHOUT ANY PROBLEM
Guest
(Expert) 09 September 2018
@ Mr. K. Rajasekharan,
How about the result of your ONLY DUTY to reply queries of anonymous persons? From the unwarranted response of the querist, could you get any hint about the nature, character and hypothetical queries of some unscrupulous querists that too when in their hiding? EXPERTS HAVE TO CHECK FIRST, WHETHER THE RECIPIENT ACTUALLY DESERVES FOR FREE ADVICE OR NOT.
Not to say anything more, I must point out, being a new entrant at LCI, you have yet to know the tendencies of some crooked, dishonest and thankless querists before wasting your precious time. Some people appear at this forum just to seek fun for themselves or to make fool the experts.
You could also observe, it is a student's query. By and by, you will be able to find, how students try to take the experts for ride.
K Rajasekharan
(Expert) 09 September 2018
@ Shri Dhingraji,
Thank you very much for your detailed reply to the unwarrantedly denigrative querist, who deserves no consideration of whatsoever nature in terms of civility, decency or morality.
At the same time, let me make it clear that I, as a recent entrant in this forum, have twin purposes to be here: one is to share what I learn from the learned ones in law and the other is to self-learn from the fellow members while answering queries, some of which may go wrong & get corrected by others. That is why I am answering without categorising it as academic or practical.
Guest
(Expert) 09 September 2018
Dear Mr. Rajasekharan,
Nobody can prohibit you from sharing your knowledge with anyone, but only to the really deserving recipients, not one and all. For that some basic checks are required to be applied before answering a query, more particularly in anonymous and students' query cases. This particular query has been raised by a student and is clearly shown classified under the caption, "students." Moreover, he remains anonymous and asked very weird questions. God knows, to what extent he would have misbehaved and with what extent of arrogance on his part with his own lawyer and on what issues. His own questions as well as his keeping himself anonymous in themselves were the guiding points for anyone and everyone, whether to answer or not.
Of course, learning from others is a must to be made as an undying habit. Even a layman can correct an expert by virtue of his practical experience of life, even though he may not be educated appropriately, as nobody in this world can boast to be the topmost expert in the world in every sphere of life. Mere qualification is not a guarantee of a person being an expert.
At this forum, I have observed that several fake experts have made their aim to blatantly misguide and mislead the hapless querists, who are really in trouble with real life problems, but don't avoid tackling not only the abuse of the free facility, but also the abuses of the miscreants hurled on the experts. With what specific purpose they do so is best known to them only.
Dr J C Vashista
(Expert) 09 September 2018
1. I fully agree and endorse and appreciate the analyses, opinion and advise of expert Mr. PS Dhingra.
2. Prima facie there is no problem but a hypothetical situation created for a time-pass academic debate.
3. The litigant opt and handover his/her brief, vakalatnama and fees to the advocate of his/her own choice without any threat, coercion, allurement or compulsion.
4. There can never be a chance of making a mistake of an educated person pursuing medicine (MBBS) where margin or error can not be tolerated i.e., ZERO TOLERANCE.
5. Besides this, the "anonymous" person posting this query must understand and will have to agree that in his/her profession (medical) there are thousands of quacks, number of times the so-called doctors (it won't be exaggeration to term them as "butcher") are being beaten up by the relatives of patients where such professional (intentionally or unintentionally) kill the patient, by virtue of their omission or commission.
6. How and why does an "anonymous" author expect an obligation of experts FREE OF COST that too on the basis of assumptions and presumptions, ifs and buts and suppositions.
7. LCI Admin has already blundered and posted the query raised by an "anonymous" person which is sheer abuse of this platform and against the policy and rules framed by them only. Admin must have deleted the account before it is put up for consideration, analyses , forming an opinion and advise by experts who are doing SOCIAL SERVICE giving advertisement for their site at the cost of their professional time, efforts and intellectual proprietary.
