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Bharat kasera (N.A.)     23 September 2015

Advocate not working properly

Dear Sir/ Madam,

Kindly guide me and suggest me is there any guidelines for advocate. why I am asking this question is because my advocate took entire fees in advance and now a days not attending my calls and put my number in block list so whenever i call him my number got disconnected immediately with the first bell ring. Even if I get him through other number he talk to me arrogantly since last more than a year my case under 482 for quashing of FIR is on admission stage in a false 498a and every time he gives me silly excuses that the bench of Judges sitting in high court is not good and rejecting petitions easily so we will argue on the next hearing.

 

Now sir please guide how to handle my advocate and get my fees refunded because i have paid a huge amount and changing a lawyer without taking back my fees is not possible. Kindly help me through guidelines for advocate and getting refund of my fees. Where i can complaint about him and will get the solution??? Is there any scope and role of consumer forum here??



Learning

 3 Replies

KS Johal   24 September 2015

I am not sure what the issue is. You must remember advocates are busy people dealing with a lot more clients than one person. If you deal with the advocate on a professional level then I am sure he or she will deal with your situation professionally. When you phone the advocate ask for an appointment to see him rather than discussing the issues over the telephone. Do not keep on phoning your advocate unnecessarily. Please do not argue with him over the telephone ask for an appointment and go and see him. When you meet him please do not argue and go into a heated argument. If you want to succeed in any case you need to get the advocate on your side. Generally they will be on your side provided you are able to express your ideas to him or her in a professional manner. If you think that your advocate is not working in a professional manner then you have a right to change that advocate at any time. But remember you need to give him a chance to do his job professionally. If you are not satisfied then you should make it known to him at the meeting that you wish to change the advocate and give him the reasons why. At that point you should ask for a refund of the fees that you have already paid. He should refund all the fees back to you minus the work that he has already done. You might argue that he has not done any work but in the background there will be some kind of administrative work that he may have done. ie he may have changed the hearing date or he may have telephoned the court to change the hearing date. He may have discussed your case with another advocate trying to find a solution. I am sure he must have done some small jobs and may charge you a small amount, but all this is at his discretion. Yes you can complain about the advocate. This will only delay the process and further frustrate to you and your time. Instead of focusing on the advocate try to focus on your case and get it resolved. I hope this helps. This is not to undermine you in any way whatsoever. This is to help you resolve your issue and perhaps to allow you to move further in resolving your case. KS Johal

SAINATH DEVALLA (LEGAL CONSULTANT)     24 September 2015

Bharat,

I am not going into the details why UR advocate is behaving in that manner,its between both of U. Well U said U have paid the entire fees intially and he is not responding,no client will pay the entire amount in one stroke,something is missing in UR query.

Have U engaged him for quash only or for the entire case? Now if U feel that UR not satisfied U can certainly change the lawyer by obtaining an NOC from him,he will give as U have mentioned that U have paid the entire amount.

advocatepassy@gmail.com 971794 (Advocate)     25 September 2015

No advocate will cheat this way. There must be some reason.  Try to find out what went wrong. But You can complain his behaviour to the Bar Council of your Stare/District where he is registered


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