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(Guest)

Client frustration

Today I saw heigh of fustration in mind of client due to Advocate. Just felt like sharing it and latter we should discuss the issue as Proffessional misconduct

Incident 

Today in Court I was waiting for some order to be passed by Hon. Judge as my presentation was over  and I was sitting outside reading legal books. 

One man came and there was one Advocate. Since Person was white hair around 55 years old I felt he must be senior and  making fun. But after some time I noticed some serious ness. That person was not advocate but client , he was agitated that experienced Advocate did not turn up to the Court whom he had given fees. After bit understanding from talks I could make out clearly Advocate did not take proper steps for 4 years and he may be misleading client . Client to my shock was threating to do Suicide. Initially I felt this person may be making fun but indeed he was bit serious , his face very aggitated and to my shock he crossed the barrier of the floor and was in dangerous situation that he may if even accidently fall will break his bone or may have fatal injury. Although it was first floor still you never know. Junior advocate where pacifing client that their senior advocate is coming . And that client was thereating I am going to end life today if main Advocate don't come. He was dangerously out of floor barrier or you can say he was on canopy of first floor .

Two Junior Advocate where cooling him , the drama started and I became very serious , immedately I went downstairs and informed police dept , to send some one in plain clothes because if that person really jumps there will be more problem. And that person is dam aggitated . Lady Cop told person in plain clothes to accompany me till the time we Cop reach bunch of Advocate had managed to bring that person out from canopy of first floor. And perhaps main Advocate of that client had reached and He was cooling him . Eventually as situation was under control Cop went having trust on Adv. and I was watching .

Reason is Advocate don't come to court on date and in time , don't take steps , keep on taking dates, when opp. party don't take step , adv. in his client interest not giving Pursis to Court. and dragging the case long. He was telling 4 years steps not taken .

Eventually Advocate promising his client he will be regular and indeed pacifying him. Client was very well dressed so I can make out he was good educated etc. 

But what you feel about Client fustration about their advocate and their approach to them .

(If that person had jumped from floor certainly it would have created headline that person jumps from court building due to misconduct of Advocate , delay in court etc.) 

 

 

 

 

 



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     19 July 2016

Advocate need to attain the case regularly.

P. Venu (Advocate)     20 July 2016

Client frustration is an accepted facet of of our judicial system. I have, during service, had a direct exposure to the deprivation inflicted on the salt makers in the Konkan Districts of Maharashtra for past half a centrury. The following write-ups describe the situation:

(i)  “Wilful distortion denies  to salt pan owners justice”      (https://www. indiatogether.org/2008/apr/hrt-saltpan.htm);

(ii) “Contentious Rule, Incredible Verdict” (Journal of Indian Law and Society, Volume 1, 2009;https://web.archive.org/web/2016012208 4244/https://jils.ac.in/ wp-content/uploads/2011/12/p-venu.pdf); 

(iii) “Experiments with Falsehood” (https://www.lawyersclub india.com/articles/Experiments-with-Falsehood-2047.asp)

The attached judgments (the latest ones) show how frustrating the situation is.


Attached File : 38535 20160720084314 896739320 agar order supreme court of 14 jan 2016 1 .pdf downloaded: 168 times

P. Venu (Advocate)     20 July 2016

In continuation to above posting two more judgments are attached; the  one was pronounced in 1991 and the other, the recent one. It could be seen that the matter is being rendered skewed with the passing of each day.


Attached File : 38535 20160720100511 896739320 npt judgment.pdf, 38535 20160720100739 896739320 abdul satar thakur high court judgment05032015211028.pdf downloaded: 155 times

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