KA Nathan 19 September 2017
Vikas Tiwari (Advocate) 19 September 2017
To be precise to your question…. Yes you can appear before the court and represent your own case…. The procedure is known as ‘Party in Person’….
Secondly…. It is always advised to appear with a good lawyer as there are various other certain legal aspects (than some specific case laws / file) which you always have taken into consideration in the due process of the law.
And last thing my friend ‘Agitated Approach’ doesn’t help….. if your advocate (as per u) not doing good then kindly change your advocate…. Don’t make a specific approach towards Advocates as each and every Advocate doesn’t bear the same personality….
Best of luck….
Adv Radhika Mehta (Advocate) 19 September 2017
You can always appear yourself or better still change your lawyer. There is no bar on you to change your lawyer to someone who is much more patient and receptive to you.
Siddharth Srivastava (Advocate) 19 September 2017
In fact it is a litigant who contest the case and the lawyer merely assist the litigant its case in court and also provide guidance and help in this regard. It is unpleasant that you had not good experience in relation to your lawyer. You can argue your case if you so confident otherwise you can engage a new lawyer. In fact presentation of case and argument is also an art which a lawyer gain after devoting several years of practise. Rest on you.
SHREY DAMBHARE 19 September 2017
I agree with above opinions. You can appear as Party-in-Person. But, If you know at leat basic law and procedure then there is sense of doing your own matter. But, If you don't at all aware about procedure and law, then you should not fight your own case. Take help of good lawyer,otherwise you may loose case as well as merits of case.
KA Nathan 19 September 2017
Radha Krishna 19 September 2017
Originally posted by : Vikas Tiwari | ||
To be precise to your question…. Yes you can appear before the court and represent your own case…. The procedure is known as ‘Party in Person’…. Secondly…. It is always advised to appear with a good lawyer as there are various other certain legal aspects (than some specific case laws / file) which you always have taken into consideration in the due process of the law. And last thing my friend ‘Agitated Approach’ doesn’t help….. if your advocate (as per u) not doing good then kindly change your advocate…. Don’t make a specific approach towards Advocates as each and every Advocate doesn’t bear the same personality…. Best of luck…. |
Dont lisetn to such kind of lawyers as this.
They only encourage to change lawyer. Old lawyer wont give NOC till you pay some more money. New lawyer will take some more money.
I am fighting case on my own. I requested help from the so called advocates but nobody helped.
All are scnodersl.
You read law books and fight your case. Yourself.
Read my problems here.
https://www.lawyersclubindia.com/forum/Posting-problem-again-154028.asp
KA Nathan 19 September 2017
Siddharth Srivastava (Advocate) 19 September 2017
Dear Radha Krishna, avoid using unparliamentary and abusive language like "Scrondal". Your answer is vague and not upto the mark. Desist from using such abusive words. Rest on your wisdom(?).
KA Nathan 19 September 2017
sai narayana 19 September 2017
Yes, you have absolute right to contest or file a case as party-in-person but blaming any people or any profession as a whole is not a good thing that too in a public forum.
And how much do you know is immaterial. How much you can put forth in court and how much you can convince a judge is the criteria. So you have to improve vocal skills apart from the knowledge which you have already gained from various resources.
If you are confident of fighting as in person just tell the same in open court, then the judge will ask you to write perse in the vakalatnama and put your signature below it. That's enough.
Please do remember that when you are unable to convince a arrogant lawyer (senior maybe) it may not be an easy task to convince a even more arrogant judges.
So venturing into any step do some enquiry on nature of judge and few more lawyers in your area.
KA Nathan 19 September 2017
Rishi kumar 19 September 2017
Hello nathan
i don't know how much this piece is going to help you. I am a litigant and not a lawyer. Lawyers have so many cases to fight. It is true that they can't survive with one or two cases. So chances are that they may forget a point here or there. I think the best way to deal is study your case every well, remember the points, remind the lawyer a day or two before every court dates, if necessary put one or two points just in case he forget. It is two way traffic. We need the help of the lawyer and they also need us. So help yourself, help the lawyer in drafting the petitions or draft the petitions and give him a copy as it will be easy for him. We are the litigants and we should be more interested in winning the case. It doesn't make sense to become nervous or anxious. When a 498a is slapped on us we should develop the killer instinct. Together with our lawyer we have to fight the case.
KA Nathan 19 September 2017
Kumar Doab (FIN) 19 September 2017
Agreed.
In addition you shall need to handle the tactics and strategies of counsels of OP.
Preferably approach very able senior LOCAL counsel of unshakable repute and integrity specializing in concerned field of law say; Family matters, Labor/Service matters/Consumer matters having successful track record.
Inquire in person and jot down list of say top 5 and select one that suits you.
A reputed and able counsel worth his salt shall refuse case than to mislead or mistreat.
You might have already come across or you may inquire and come across successful PIP and some of them might have also retained a counsel for back up support.
Rest is upto you.