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The Only One (Expert)     04 February 2011

advocate misconduct

 

Anonymous legal advice was sought on a free legal advice website regarding conduct of an advocate without mentioning his name by an existing client of the advocate (not knowing he is on the lawyers' panel of the site). Instead of receiving advice the client received legal notice from his advocate threatening legal action for defamation and breach of trust for the client having sent this query on the site seeking advice. Is this conduct of the advocate justified? Is his threat valid/credible? Is he not misusing his advisory capacity on the site? What is the responsibility of the site in this matter? Is any legal action (or any action), possible against the advocate by the site or the client? If so, how can the site be made to take that action? Thanks a lot and waiting for ur reply.



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 3 Replies

The Only One (Expert)     04 February 2011

The site was sent this same question but the site has not replied. Pl elaborate any action client can take for this behaviour of advocate and is it not the responsibility of the site to at least reply to the email and/or take disciplinary/legal action against the erring panel lawyer? How can client take legal action against advocate for this threat and abuse of role on the site (breaching confidentiality of a question asked on the site) and how can client make the site responsible/make it accountable to reply properly - any legal action possible against site for not doing its duty?

Om Prakash Dhusia (HR assistant)     04 February 2011

The only one, I suppose you are unaware of the simple doctrine,i.e."Advocates are law unto themselves" and it is very simple for them to send legal notice and since they claim authority on law, even a ordinary lawyer who spends his entire life in soliciting customers(albeit clients).Come to Mumbai and Patiala House in Delhi where you can see swirms of bees hanckering around the would be customers for affidavits,caste certificates,PAN cards etc and they are restricted to that extent throughout their life because thay do not have capability to go beyond but they are also lawyers.I have come across many lawyers who can not even write an simple application in their mother tongue but they also threaten you with legal notice if confronted.It is very easy to send legal notice and these are expert in that but should you worry about this then you will not have peace of mind.I would request, simply ignore such threats and carry on with your life and do not expect much from the people of law.Come to my city Kanpur where you are thrashed upon before a magistrate and judge being a forthright client.The world is very cruel, so you must have the means to defend yourself for survival.But there are  also very very nice people around,who would be willing to accomodate you beyond their means.

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The Only One (Expert)     05 February 2011

 

THANKS FOR UR ADVICE MR. DHUSIA. R U A LAWYER? IF SO, WHERE DO U PRACTISE?

CAN U & OTHERS ON DA FORUM PL ADVISE ME ON BELOW AS WELL? MANY THANKS. 

My lawyer has cheated me, misled me & taken advantage of my faith & trust in him. He first charged Rs. 55,000 for me for a criminal cum civil case against 2 fellow professionals (including a senior) continuously harassing me in my company for 2 years leading to a lengthy health breakdown for me from stress at work. My lawyer also asked for 20% of final award received by me as part of the fees. He was referred by a friend & being my first time with legal system I had no knowledge of prevalent fee structures & trusted him to be a good man & never questioned his intentions accepting his fees without any negotiation or even a single question. Till now, he has only filed the complaint in court with most non-technical knowledge (100% cut-copy-paste of my own words). Later on I realised going rate for such a small case for such a lawyer is only Rs. 5,000 - 10,000 in the District court and that as per bar council rules lawyer can only charge equivalent amount to other lawyers of his standing, not more. Also, that asking percentage cut on reward as fees is not allowed for lawyers per bar council rules.I was shocked and hurt to know that but kept quiet waiting for the right time. After sometime I decided to withdraw the case as I did not want to upset things at my work-place & asked him to refund the Rs. 55,000 minus the case filing charge which should be very small, as per bar council rules. He pointed out that in the receipt he had sent me via email he had mentioned this amount is only for initial filing & consultation and hence since filing is over the money is exhausted and there is no refund since he is also losing out on the percentage part of the deal. I never expected this trick from him - consultation charges according to me meant his services for the whole case because I did not expect him to be so sly when he had issued me the receipt and no one can believe a simple filing of case could be worth a huge amount of Rs. 55,000. Pl suggest - how is it justified for him to charge such a huge amount only for a silly filing which hardly required any efforts from him (99 percent document drafted by me), the case has not even started and the offending parties not even notified. Complete cases are done by similar lawyers for less than Rs. 10,000, this is only very initial filing. Also, fees as percentage of reward is not allowed and I have proof that he asked for it on email. He also asked me on 2 different occasions for bribes for police and reader for my case which I refused or ignored. He also did not get a power of attorney signed with me before the case and has taken action in the case unilaterally without my consent in court like asking judge to go ahead with police investigation (which is now underway) when I was actually planning to take back the case & had asked him to wait in court for me to accompany him to the court which he didn't & gave wrong instructions to the judge when he should have waited for me to listen to my decision. Now he is asking for huge money of Rs. 12,000 as bribe for the reader if I want to take case back and reverse the investigation. How can I press charges against the lawyer for cheating me, taking advantage of my trust and gullibility, for breaking bar council rules of conduct for lawyers and corruption charges. Any one would agree that Rs. 55,000 for a small thing like filing a case (where 99% wordings in the 10 page doc are mine) is a total rip-off and farce/big joke!!! Hope to know from you how to get back my money and get serious action done against the cheating and corrupt lawyer. What could be the options - complaint against him to bar council (but would that recover my money?), FIR or case for cheating against him in court, etc.? Pl advise. Thanks a lot. I am more hurt by his taking me on a ride despite the 100% faith I put in him as my own brother than the money, though the money rightfully is mine.


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