My Lawyer arrested while attempting bigamy
Wing Commander Shaleen Airon
(Querist) 06 May 2015
This query is : Resolved
Respected experts,
My lawyer whose services were being utilized by me in a service matter (IAF) has been arrested for denying to marry a lady just the day before marriage - by not turning up at the marriage venue - citing inability to marry as he's already married.
Newspaper report further added that he's received a notice from his first wife. He & his family members had duly attended all previous functions. He's been booked under IPC 406,420,500 & arrested.
My question is:
1. Should I change my lawyer? He himself is in a soup - so he might not take enough interest in my case. His credentials do become quite shaky with such a development.
2. Any way of asking for a refund of money i'd given him as advance fees to take up my case. (He's only read my case. Not filed any petition / case in court yet).
Thank you.
Wing Commander S Airon
I.S.Roy,Advocate
(Expert) 06 May 2015
Dear Shaleen
Why not? that you can take no objection from your present advocate and then you can appoint new advocate
with regards
I S Roy, Advocate
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
Dear Wing Commander Shaleen,
As your lawyer is yet to initiate any legal process, you need not take no objection from him, but if he has already made a counsel on record, you may even without taking no objection file a memo before the court stating you terminate the services of your lawyer because he is already in the judicial custody hence he is no more reliable so you may be permitted to change the lawyer. You will be permitted to change the lawyer and will be allowed to represent through a new lawyer. As far as the fee already given to him, you can request him to refund, if does it accept the amount gladly (whatever it may be).
bsrao
(Expert) 06 May 2015
Forget the fee and appoint another advocate. NOC is needed only if he has become advocate on record (filing vakalat).
Rajendra K Goyal
(Expert) 06 May 2015
You should engage new lawyer.
If you have paid fees by cheque / have taken receipt of fees paid you can ask refund. Legally claim would take years and equal cost with uncertainty of refund.
Dr J C Vashista
(Expert) 06 May 2015
Change him immediately, forgetting fees paid to him.
T. Kalaiselvan, Advocate
(Expert) 08 May 2015
Since he has not filed any petition or case before the court on your behalf, you have to initiate the case afresh and file it through another lawyer. You dont need to have a change of vakalat for a case which is yet to be filed.
Wing Commander Shaleen Airon
(Querist) 12 May 2015
Thank you Honorable experts for your kind replies.
It has been of immense help.
Thank you again.
Regards.
