Request for assistance: alleged misconduct by advocate
bharat khatwani
(Querist) 27 July 2024
This query is : Open
After reading the responses to my issue on this forum and consulting several advocates, it is now clear that it is a common strategy to send baseless legal notice and stop paying rent to force landlords to file cases and waste 10 to 15 years in legal battles. This practice will continue until an advocate is punished for sending baseless legal notices. Therefore, I have decided to ask the Bar Council to take action against the advocate. I need help to present my case before the Bar Council properly, and I am seeking the assistance of ethical advocates.I am willing to pay for it.. To: Bar Council of India, New Delhi. Pl. suggest corrections to improve this draft. Date: [Insert Date]
To:
Bar Council of India
New Delhi
Subject: Complaint Against Advocate [Advocate Name] for Professional Misconduct
Dear Members of the Bar Council,
I am writing to formally lodge a complaint against Advocate [Advocate Name] for serious professional misconduct.
On [Date], I received a legal notice containing false and unsubstantiated claims. Specifically, the notice alleges exorbitant repair costs amounting to a sum equivalent to 150 years' rent, false claims of rent deposits into my bank account without supporting receipts, and other unfounded accusations.
Specific Claims and Refutations:
Time-Barred Claim: The notice asserts that the tenant spent Rs. 400,000 on renovations in 1999 (equivalent to 120 years' rent) and claims there was an oral agreement with my father for reimbursement. However, such an agreement made in 1999 is time-barred under the Limitation Act, 1963.
Unsubstantiated Claim: There has been no mention of these renovations or the alleged agreement in any prior communication, including a letter dated 10/08/2023, or any electronic messages.
Uncorroborative Claim: Despite the alleged oral agreement, the tenant continued to pay rent without dispute for 24 years, which contradicts the current allegations.
False Allegations of Rent Deposits: The notice further alleges that the tenant deposited rent into my bank accounts without receiving receipts. This is a fabrication, as there was no such claim about missing receipts in the tenant's prior letter dated 10/08/2023, which was written just before the legal notice.
Evidence of Fabrication:
It is pertinent to highlight that the claims asserted in the legal notice are conspicuously absent from the tenant's letter dated 10/08/2023, which predates the legal notice. Moreover, a thorough review of all prior communications, including WhatsApp messages, emails, SMS, and letters, reveals no mention of these allegations. This glaring inconsistency strongly suggests that these claims were fabricated after the fact.
Advocate’s Conduct:
Despite receiving my comprehensive response refuting the unfounded allegations, Advocate [Advocate Name] has persisted in maintaining the legal notice containing these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. By fabricating these spurious claims and obstructing the resolution of this matter, the advocate has shown a clear pattern of misconduct.
Furthermore, the absence of delivery receipts for multiple letters sent to both the tenant and the advocate underscores the advocate's active involvement in this deception. When I attended a few court sessions in person, I learned that this is a very old trick adopted by crafty advocates because courts usually treat it very lightly. This behavior strongly suggests that the advocate is not merely acting on the client's instructions but is a willing participant in this misconduct.
Violation of Bar Council Guidelines:
Advocate [Advocate Name]'s actions clearly violate the Bar Council of India's guidelines on professional conduct and etiquette, specifically:
Rule 4: Refuse to act in an illegal manner towards the opposition. By persisting with false claims and obstructing the resolution of the matter, the advocate has acted in an illegal and improper manner.
Rule 5: Refuse to represent clients who insist on unfair means. The advocate has continued to represent the client despite knowing the claims are unfounded, indicating a willingness to use unfair means.
Impact:
This misconduct by Advocate [Advocate Name] has caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has caused me considerable anxiety and sleepless nights. I am constantly worried about the potential financial burden and damage to my reputation if these false allegations are not addressed swiftly.
The legal notice has already caused financial strain. I have had to incur expenses for consulting with a lawyer to prepare a response to these baseless claims. Additionally, the potential for a prolonged legal battle looms large, which could result in significant legal fees and court costs. This financial strain adds to the emotional stress I am experiencing.
Attachments:
I have attached copies of the legal notice, my response, and supporting documentation for your review. It confirms that the entire legal notice sent by the advocate is flawed and violates Bar Council guidelines.
Request for Action:
I request that the Bar Council conduct a thorough investigation into this matter and take appropriate disciplinary action against Advocate [Advocate Name]. By taking decisive action, the Bar Council can send a strong message that unethical practices will not be tolerated.
I am committed to working with you and stand ready to provide any further information or clarification required.
Thank you for your prompt attention to this serious matter.
Sincerely,
Bharat Khatwani
573, Jawahar Colony P.S. Previous post was posted as anonymous so reposting it with my name for better response.
T. Kalaiselvan, Advocate
(Expert) 27 July 2024
You should understand the underlying fact that the advocate has no personal grievance against any individual and he or she issues notice on behalf of his or her client, hence the advocate cannot be held liable for your grievances, no advocate knows you personally hence there is no misconduct on the part of the advocate, if you are aggrieved by the contents of the legal notice you may issue a reply through your own advocate and fight the case legally.
bharat khatwani
(Querist) 28 July 2024
To Mr,T.Kaliselvan, Thank you for your response. I understand your point that an advocate acts on behalf of their client. However, it is crucial to recognize that an advocate also has an ethical and professional duty to ensure the accuracy and legitimacy of the claims they advance. Allow me to address some of the points you raised:
Advocate's Responsibility for Accuracy: While it is true that an advocate represents their client, they are also bound by the Bar Council of India's guidelines on professional conduct and etiquette. These guidelines explicitly state that an advocate should refuse to act in an illegal or improper manner (Rule 4) and must not represent clients who insist on using unfair means (Rule 5). Persisting with baseless claims and obstructing the resolution of the matter contravenes these rules. It has contributed in explosive increase in number of lawsuit and increased misery of common people leading to erosion of trust in system.
Fabrication of Claims: The legal notice I received contains claims that are demonstrably false and fabricated. These claims were not mentioned in any previous communication from the tenant, including a letter dated 10/08/2023. This inconsistency strongly suggests that the claims were invented to serve a particular agenda, which is unacceptable and unethical.I have attended several live sessions of court in person and on net and I have learnt that mine is not one off case.Rot is very very deep.
Advocate's Conduct: Despite my comprehensive response refuting the unfounded allegations, the advocate has continued to maintain these baseless claims. This demonstrates a deliberate disregard for the truth and a calculated attempt to prolong the legal proceedings. It is not merely about acting on behalf of a client; it is about perpetuating falsehoods and engaging in conduct unbecoming of a legal professional.
Impact of Misconduct: The actions of this advocate have caused me significant emotional distress and financial hardship. The constant threat of legal action based on fabricated claims has led to anxiety, sleepless nights, and financial strain. This goes beyond a simple legal dispute; it is about the ethical responsibility of legal practitioners to uphold the integrity of the profession.
Need for Accountability: Advocates must be held accountable for the content and legitimacy of the notices they send. If an advocate knowingly advances false claims, they are complicit in the misconduct and should face consequences. It is only through such accountability that we can prevent the misuse of legal processes to harass and intimidate individuals.
I appreciate your suggestion to respond legally, and I am indeed pursuing this route. However, it is also imperative to address the broader issue of professional misconduct and advocate for systemic changes to prevent such unethical practices. I am committed to presenting my case before the Bar Council of India and ensuring that advocates who engage in such behavior are held accountable.
T. Kalaiselvan, Advocate
(Expert) 28 July 2024
You are not stopped by any force to do whatever you want to do on any subject, let the authorities or court decide whether it is right or wrong but why do you have to say all those things here, your post do not indicate that you seek any legal opinion to your problem
bharat khatwani
(Querist) 28 July 2024
While I respect your viewpoint, I believe it's essential to distinguish between personal grievances and systemic issues. My post was intended to highlight a broader problem of baseless legal notices being used as a tactic to harass individuals, rather than merely venting personal frustration.
Advocates, as officers of the court, have a responsibility to uphold the integrity of the legal profession. This includes ensuring that legal proceedings are conducted fairly and honestly. When baseless allegations are made, it not only impacts the individual targeted but also undermines public trust in the justice system.
My intention is to seek redress for the misconduct I have experienced and to contribute to a broader conversation about ethical practices within the legal profession. I believe that by sharing my experience, I am not only seeking personal justice but also working towards a more equitable legal system for all.
I appreciate your suggestion to resolve this matter through the legal process, which I am actively pursuing. However, I believe it is equally important to address the underlying issue of unethical practices within the legal profession. Please note that I AM TRYING TO ROOT OUT ROT WHICH IS INFLICTING DAMAGE TO JUDICIAL SYSTEM.
