Reposting it because it was marked resolved by mistake
bharat khatwani 
(Querist) 28 August 2024
This query is : Open
REPOSTING IT BECAUSE IT WAS MARKED RESOLVED BY MISTAKE BY ME.......I have received a legal notice from my tenant demanding an outrageous sum equivalent to 150 years' worth of rent for repairs. The notice also attempts to pressure me into carrying out additional major repairs, alleging that the property is unsafe for habitation. It even states that I would be held responsible for any accidents or fatalities due to the condition of the house. Interestingly, the notice does not threaten legal action, but the tenant's lawyer has asked me to meet with the tenant. In response, I sent a formal reply, asking both the tenant and their advocate to withdraw the notice, but I have received no response. I suspect this is a deliberate tactic by the advocate to force me into litigation, wasting my time and money, or to pressure me into paying the tenant. However, I have chosen a different approach. I plan to take the matter up with the Bar Council, filing a complaint against the advocate for violating Rule 4 and Rule 5 of the Bar Council's Conduct Rules. I have been informed that no advocate has ever been penalized for breaching these rules. Is this truly the case?
Read more at: https://www.lawyersclubindia.com/experts/is-legal-notice-part-of-judicial-legal-process--760616.asp
T. Kalaiselvan, Advocate
(Expert) 29 August 2024
There is no role played by the advocate either in making the demand or sending the legal notice because he is doing on the instructions of his client.
There's no misconduct on the part of advocate.
The advocate has not entered into any contract or an agreement with you that his legal notice has been treated by you as breach of trust.
Instead of taking any action against the advocate you may better challenge the claim made by the landlord as per law in the court if he is approaching court for evicting you.
bharat khatwani
(Querist) 29 August 2024
To T. Kalaiselvan, Advocate:
With due respect, I believe you may have misunderstood the key issue in my case. My concern is not simply about the tenant's demands but about the ethical conduct of the advocate who sent the notice. While I understand that advocates act on their client’s instructions, they are still bound by Rule 4 (Duty to the Court) and Rule 5 (Duty to the Opponent) under the Bar Council’s Conduct Rules. Advocates must ensure that their actions, even on a client’s behalf, align with legal and ethical standards. Frivolous, exaggerated claims and coercive tactics can amount to a breach of those duties.
I have spent significant time and energy clarifying this issue in previous posts, yet the same points continue to be raised without addressing the core of my argument. I would appreciate it if you could acknowledge the ethical obligations of advocates in such situations. If that is not your area of focus, I respectfully ask that you allow others with relevant expertise to offer their input.
This matter is not only about upholding professional accountability but also has an ethical dimension, which I believe should be a priority for everyone in the legal profession.
bharat khatwani
(Querist) 29 August 2024
To T. Kalaiselvan, Advocate:
Key point of defense mentioned in your reply is" advocate did not breach my trust ".But point is did I mention breach of trust in my post? If not why are you deviating the issue?
Read more at: https://www.lawyersclubindia.com/experts/reposting-it-because-it-was-marked-resolved-by-mistake-762106.asp
Read more at: https://www.lawyersclubindia.com/experts/reposting-it-because-it-was-marked-resolved-by-mistake-762106.asp
T. Kalaiselvan, Advocate
(Expert) 29 August 2024
You should first of all understand the fact that the advocate has no personal grievance against you neither he issued the legal notice in his personal capacity. he acted on the instructions of his client.
If the advocate is not doing his professional duty or obligation to his client then it would be construed as misconduct and unethical practice of advocate for refusing to take up the client's matter.
What is the personal grievance you have against the advocate that you hell bent to raise a complaint against the advocate before bar council even thought he fact that it is not maintainable especially when it is considered as a threat that you pose to the advocate obstructing him from performing his duties or professional obligation to his client as per law.
You are not restricted from seeking relief to the grievances caused to you by the client of your opposite advocate.
You can file a case against your landlord as per law instead of trying to adopt a short cut method to illegally solve your problems.
In the meantime you resort to cause embarrassment to the advocates who reply to your question by your irrelevant strictures or the language that you use in plenty of repeated posts of the same topic in this forum.
Please remember that this forum is not a court nor a tribunal to address your grievances and provide you the desired reliefs. We are here only to render opinion to the problems faced by needy and distressed persons. After this post i have decided not to give any reply to your posts in future and from my side I will once again mark this query as 'resolved'
bharat khatwani
(Querist) 06 September 2024
I am once again compelled to raise my issue, this time without mincing words, as the responses to my post have consistently skirted the core issue.
Let me be clear: I have received a defective legal notice from my tenant demanding compensation equivalent to 150 years' rent for repairs. This notice is legally unsound, lacks supporting documents, and conveniently omits any mention of impending legal action. This omission is clearly meant to shield the advocate from being held accountable for pushing frivolous claims.
Defective Notice – Intentional and Deceptive Tactics:
The notice, which fails to include the standard legal language mentioning intent to initiate court action if demands are not met, is defective.
Courts have dismissed cases based on such defective legal notices. In some instances, courts have imposed penalties while dismissing the suit. Yet this advocate, fully aware that such an outrageous claim may be dismissed with a penalty by the court, chose to deliberately avoid following proper legal protocols. This omission is not a mere oversight but a calculated tactic to harass me and delay any potential legal repercussions. Advocates who issue legally defective notices are violating their professional duty and should be held accountable.
My Reply – Demanding Accountability:
I have formally responded to this notice, demanding its withdrawal. Despite my reply, I have received no response from either the tenant or their advocate.
This, again, is a deliberate attempt to trap me in unnecessary litigation or extort money under the guise of legal demand, knowing full well that the notice holds no weight in court.
Rule 4 and Rule 5 of Bar Council’s Conduct Rules – Advocates Are Not Mere Mouthpieces or Stenographers:
To those experts who continue to argue that the advocate was merely acting on their client's instructions, read the Bar Council's Conduct Rules. Advocates are bound by Rule 4 (Duty to the Court) and Rule 5 (Duty to the Opponent), which require them to act ethically and fairly, regardless of client instructions. An advocate cannot simply take dictation from their client, pushing frivolous claims that have no basis in law, without violating these rules. The advocate in this case knowingly issued a notice based on exaggerated and baseless demands, crossing the line into professional misconduct.
The notion that advocates are free from responsibility for such actions is absurd. They have a duty to ensure that their legal notices and claims are legitimate, grounded in law, and not just tools for harassment or coercion. Anything less than this is a breach of their professional duty, and I will not accept excuses or evasions from anyone who seeks to defend such behavior.
To the Experts – Address the Real Issue:
This forum is meant to provide real, ethical guidance, not to protect unethical practices through clever wordplay and legal jugglery. The repeated insistence that this advocate bears no responsibility is an abdication of your duty as legal professionals. If you are unable or unwilling to address the actual issue of advocate misconduct under the Bar Council's Conduct Rules, then step aside and allow those with genuine ethical standards to weigh in. This isn't just about legal technicalities; it's about professional integrity and accountability.
Conclusion:
I am moving forward with filing a formal complaint against the advocate with the Bar Council, citing violations of Rule 4 and Rule 5. If you believe that such behavior is acceptable or defendable under the pretext of client instructions, I urge you to revisit the Bar Council's Conduct Rules and reconsider what it means to be an ethical advocate.
To those who continue to juggle words and defend the indefensible, know this: the legal profession does not exist solely to serve its members; it exists to uphold justice, fairness, and integrity. I expect nothing less from anyone who responds to this post.Without Prejudice:
You are welcome to air your views, even if you do not agree with me. Your input will help me in preparing my defense. Constructive criticism and differing opinions are valuable in shaping a comprehensive approach to this matter. But let me make it clear: this is about professional integrity and accountability, not just legal technicalities.
