What to do with these advocates?

This is very sorry state of affair.Because of such incidents advocates will lose confidence of people.You may ask for refund of the fees and engage another advocate.

File Complaint with the State Bar Council  with a request to take action against the advocate for professional misconduct. Burden of proving guilt lies on you.

Rules on standards of professional
(Chapter II, Part VI of the BCI Rules)

Chapter - II
Standards of Professional Conduct and Etiquette
 

Section II Duty to the Client

1. An advocate is bound to accept any brief in the Courts or Tribunals or before any other authorities in or before which he proposes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.
   
    
2. An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
   
    
3. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests.
   
    
4. An advocate shall at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client’s judgement in either engaging him or continuing the engagement.
   
    
5. It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence.
   
    
6. An advocate appearing for the prosecution of a criminal trial shall so conduct the prosecution that it does not lead to conviction of the innocent. The suppression of material capable of establishment the innocence of the accused shall be scrupulously avoided.
   
    
7. An advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act.
   
    
8. An advocate shall not, at any time, be a party to fomenting of litigation.
   
    
9. An advocate shall not act on the instructions of any person other than his client or his authorised agent.
   
    
10. An advocate shall not stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof.
    
     
11. An advocate shall not buy or traffic in or stipulate for or agree to receive any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of government securities, or to any instruments which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.
    
     
12. An advocate shall not, directly or indirectly, bid for or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in the execution of a decree or order in any suit, appeal or other proceeding in which he was in any way professionally engaged. This prohibition, however, does not prevent an advocate from bidding for or purchasing for his client any property which his client may himself legally bid for or purchase, provided the Advocate is expressly authorised in writing in this behalf.
    
    22A. An advocate shall not directly or indirectly bid in court auction or acquire by way of sale, gift, exchange or any other mode of transfer either in his own name or in any other name for his own benefit or for the benefit of any other person any property which is subject matter of any suit appeal or other proceedings in which he is in any way professionally engaged.
    
     
13. An advocate shall not adjust fee payable to him by his client against his own personal liability to the client, which liability does not arise in the course of his employment as an advocate.
    
     
14. An advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client.
    
     
15. An advocate should keep accounts of the client’s money entrusted to him, and the accounts should show the amounts received from the client or on his behalf, the expenses incurred for him and the debits made on account of fees with respective dates and all other necessary particulars.
    
     
16. Where moneys are received from or on account of a client, the entries in the accounts should contain a reference as to whether the amounts have been received for fees or expenses and during the course of the proceeding, no advocates shall, except with the consent in writing of the client concerned, be at liberty to divert any portion of the expenses towards fees.
    
     
17. Where any amount is received or given to him on behalf of his client, the fact of such receipt must be intimated to the client, as early as possible.
    
     
18. After the termination of the proceeding, the advocate shall be at liberty to appropriate towards the settled fee due to him, any sum remaining unexpended out of the amount paid or sent to him for expenses or any amount that has come into his hands in that proceeding.
    
     
19. Where the fee has been left unsettled, the advocate shall be entitled to deduct, out of any moneys of the client remaining in his hands, at the termination of the proceeding for which he had been engaged, the fee payable under the rules of the Court, in force for the time being, or by then settled and the balance, if any, shall be refunded to the client.
    
     
20. A copy of the client’s account shall be furnished to him on demand provided the necessary copying charge is paid.
    
     
21. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.
    
     
22. An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.
    
    Explanation. An advocate shall not be held guilty for a breach of this rule, if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.
    
     
23. An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party.
    
    Rule 22A came into force w.e.f. 24-9-1998.
     

    Punishment of advocates for misconduct

    35. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. *22 (1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council. (2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate- General of the State. (3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely:-- (a) dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the State roll of advocates. (4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India. (5) Where any notice is issued to the Advocate-General under subsection (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. Explanation: In this section, section 37 and section 38, the expressions "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India. *23

     

{ when I told him " I shall report to the Bar Counsil" he says "he does not care about that"}

So Dear Rajendran,

As perthe Ruleso Bar ouncil of India, an Advocates Act above are the Conducts of an Advocate and Punisment for misconduts, file a Complant befoe the "Chairman of State Bar Council of Tamil Nadu".  Further you can send a Copy of the same  to ' Bar Council of India' definitly you get justice from there. 

Due to malpractices being followed by few  Advoates, bringing a bad name to the Hon'bl legal profession.

One of the important functions of the Bar Council of India is to lay down standards of professional conduct and etiquette for Advocates under section 7(1)(b)© and (d) read with Section 49 (1)© of the Advocates Act,1961.

On complaints against Advocates for professional and other misconduct State Bar Councils recieve the same and Under section 35(3) of the Act the Disciplinary Committees of the Bar Councils can reprimand, suspend or remove the name of the Advocate from the roll of Advocates if found guilty.

 Mr. Rajendran is one of the many sufferers. It is common occurrence throughout India.  Do make a complaint but your father will add many more years to his age before any tangible result comes out.

Dears Sir,

                 Thankful to all Advocates Who shown me way to proceed, especially to Mr. AEJAZ AHMED.....Once again I am so thankful to ALL trusted & loyal Adovcates. I am prepared to proceed on ......

 Why are you wasting time? Go and file an FIR.

Dear Rajendran,

Now,  if you are serious about the advocate only ......

FIRST:

then approach to the Concerned Court/Magistrate filed an application ( by your father with real signature) in the Nazarath/Copying Section  as Party-in-person to obtain " Certified Copies of  'VAKALAT'  'EVICTION PETITION' and other documents if he signed as your father's signature".

May be the Office of the Nazarath/Copying Section refused to issue Certified copies on 'non-matching' of signatures.

SECOND:

If the said eviction petition is already posted before the Magitrate, then take your father before the same Magistrate with an application Party-in-person in the said Eviction Petition by mentioning Numb er of case and represent before the magistrate all the facts, and ask him to permit the Nazarath section to issue certified copies of all signed papers as above.

You can initiate Criminal Actions against the advocate after obtaining above papers only, otherwise it will be very difficult to proceed.   

Note: If possible get details about the " Attesting Person " on Vakalat, and Person who verified the signature of your father on all Petitions.

But how can you prove :

a)  payments made by your father;

b)  paid the amount 2 years back;

c)  engaged him as your counsel 2 years back;

DO YOU HAVE ANY DOCUMENTS IN SUPPORT OF ABOVE.......??????

He can simply tell that, he was  engaged as counsel before the date of petition, and so and so amount paid against his fees, and petitioner/applicant himself signed in my presence and in the prsence of "Attesting person".

So be prepared all this if you are serious about criminal actions against advocate without any supporting evidence.

OR otherwise if simply you want to make complaint against advocate then proceed as fist stated above.

Gud discussion has been made and various new points have been brought to the knowledge of the legal fratennity by various experts.

 There is no difference between a Bar Council and a court. Things move at a snails pace in Bar Councils too.