Is our lawyer fooling us ?

 Sarvesh Kumar Sir

Thank you for the response echoing and confirming my own feelings.

Can you please give me two otwo main technical leagal reasons why you suggest that our lawyer should be changed ?

I am of the same opinion but I am unable to convince my NRI friend without proper legal explanation why i want the lawyer changed.

My friend is dismissing my reasons as non technical and purely based on my emotional fear of being a witness in a court proceeding.

There is no smoke without fire - There is no fear without threat

Can you please give 2 sure shot legal reasons why we should change lawyer immediately so that I can explain to my dumb headed friend.

Thank you

- jagan

Friend changing the lawyer will not be a solution to the problem, moreover as per statement I personally feel that your lawyer is going in a right way and his approach in the case is far more than satisfactory.  May be the fee aspect would be exorbitant (if you feel so).  If your GPA deed has not been marked at the first instance when your proof affidavit was filed, it can be marked as exhibit of your side without which you cannot depose evidence on behalf of your friend.  The question of reopening or recall does not arise because it had been a continuous process, that way your advocate was right in arguing against the judge's direction in the case.  About the junior lawyer/clerk of the advocate demanding money persistently, you can make a complaint with the senior lawyer request him to instruct them accordingly.  You should repose faith in the advocate then only you can achieve the object. 

Mr,Kalai Selvan Sir,

I thank you very much for your learned opinion - Being legally illiterate,but never the less a thinking human being,many doubts arise in our minds and I thank the legal experts on this forum for clearing our doubts.In the above said case,an agreement holder,who got his agreement cancelled due to no payment sued the builder and later and got us impleaded in the case and later filed amended petition of collusion between builder and my friend the subsequent buyer.
 

I understand that as a subsequent buyer by implication we are assumed to be un aware of any earlier agreements - Is it necessary to expose me to cross examination where perhaps a trial brief submitted along with our cc copies and tax paid receipts would have been sufficient ? Will it not give opportunity to the plaintiff to dig for loop holes ?

Is my Lawyer trying to prove the obvious ? Why was my chief examination affidavit set aside for counter and before any counter is filed - the lawyer's assistant got the evidence marked in a hurry and forgot marking the GPA.

Had the lawyer explained the whole process before hand I would have been more alert and prepared but he calmly got the chief examination affidavit and one fine day just called me over and asked me to sign the document and I signed it thinking it was just any other document - Only after it was marked that they tell me that I am to face cross examination now.

More over he further tells me that in cross examination even my credibility will also be attacked which seemed  more like a threat - I made you a witness but if you come to give evidence your character will be attacked and you just have to sit through it all calmly with a smiling face.

How much of character assassination is allowed in a civil case ? The issue is I do not have confidence my Lawyer will come to my rescue if this business of credibility attack business goes over board.

He has done nothing to calm my nerves which makes me doubt his intentions and as you know an un cleared doubt is like a devil's advocate.

I once again thank you for your reply - It has helped me to look at my Lawyer a little more positively.

Mr. Jagan,

Again your worries are unnecessary.  It appears from your statement that you have already let in your evidence as Chief examination thereby it is duty and rights of the other side to cross examine you over the evidence you had deposed before the court.  During cross examination, the opposite lawyer cannot go beyond the pleading and relevant facts of the case so there is no chance of character assassination.  You have been misguided or have been threatened by the mischief mongers for their wrongful gains.  Dont worry about what may come, it is a civil case, if you are not satisfied with the lower court judgment you can always go for an appeal against the said judgment before the higher court. 

Mr.Kalai Selvan Sir

Thank you once again for your re assuring reply - My main grievance is that when the evidence in chief was submitted I thought it was just another affidavit.I was never explained to that it is different from a normal affidavit.
The Judge set my evidence in chief aside for Counter and after 2 adjournments ( 7 to 8 days ) there was no counter - Then despite Judge's obvious reluctance the Lawyer's assistant demanded and got the evidence marked

I was just told that since there was no counter from other parties the evidence must be now be marked - I did not know what marking of evidence was

It was only after marking of evidence that I was told  that there will be cross examination and then in the process of explaining what is a cross examination I was also told about credibility attack even citing certain numbers of evidence act that allow this kind of questioning.

It was the deceptive manner in which the whole process took place coupled with the lawyer's arrogant attitude that made me feel so uncomfortable.

Had I been explained the whole process before hand - the necessity of filing evidence at this stage and what follows after submission of evidence and what evidence was submitted by other parties - I would have felt at ease and comfortable.

The more doubts I express to my Lawyer the more he seems to be trying to prey on my fears and confusion.

I feel vexed not only by the lawyer's behavior and attitude but more by what his possible motive might be behind his behavior.

I thank you once again sir.Your reply has been so re assuring - and a great help to some one like me lost in this vast ocean called law which no one can cross without the guidance of a good lawyer.

The technical question I have is - If I can not depose for my friend without my GPA being marked due to oversight of my Lawyer,will my evidence already marked  be dismissed so I can submit fresh evidence probably with a fresh and more reliable lawyer or not submit any evidence at all depending on fresh evaluation.The case is based on out come between two other main parties involved - I feel probably we don't have to submit any evidence at all and a trial memo or trial brief should be enough along with the documentary evidence of original certified copies and property tax paid receipts to prove our ownership and possession.

I assume that The validity or invalidity of agreement between the builder who cancelled the agreement due to non payment of balance amount in time ( but never informed us of any such agreement ) and the agreement holder and plaintiff now seeking specific performance and seeking cancellation of our registration wrongly accusing us of colluding with the Builder has no bearing on our status as bonafide subsequent buyer in continuous possession of property.

The Builder is holding that the said agreement was invalid when he sold to us.If the builder's evidence is strong enough then there is no case at all.We don't have access to builder's evidence for our evaluation as the Lawyer is holding all the papers.

What is our burden of Proof ?   Are we really needed to submit testimonial evidence ( through a GPA as the purchaser is out of country) that the said agreement is fabricated and invalid and expose our selves to un necessary cross examination - while our documentary proof regarding ownership and possession is un disputed. Would not a trial brief be sufficient ?

Once you file your Chief affidavit in the Court, it could not be taken back and file a fresh affidavit. You should have to cross examined by the opponents Advocate. With regard to changing of Lawyer, You better to engage an advocate  and proceed the case on your side and ask your NRI friend to proceed/continue  with his own engaged advocate, if you have interest. The question of re-opening  and re-calling of a witness is a court procedure. 

Mr.Bala SubrahManyam Sir, 

Thank you for your valuable input.

Can you please tell me the probable reason why my evidence in chief was kept aside for " counter " for almost 8 days and the Judge very reluctantly and only on the demand and insistence of my lawyer's assistant allowed marking of my evidence in chief. At that time I was totally ignorant of what is evidence in chief and what is marking of evidence and what follows after marking of evidence ?

Now with my limited knowledge of law - how can I confirm if my evidence was unnecessarily submitted and got marked by my Lawyer with ulterior motives ?

My doubt arises more from the attitude of the lawyer and the urgent manner in which the evidence in chief was made to be signed by me without explaining to me one bit how why the said evidence in chief was important and about the cross examination that follows it.He tells me of these things only after evidence was marked.he did not educate me about the process and hence denied me a chance to know what I was getting into until he pushed me into it.

The Judge's initial reluctance to mark the evidence also made me think.

I really feel the need to have my own lawyer just in case I am getting sucked into an un necessary long legal battle.

Once gain , Thank you for your suggestion Sir. 

When asked ( off the record and just orally ) If in his opinion ,the agreement between Plaintiff and Builder is valid or not , now that all their evidence is at his disposal ?

My lawyer says -

" No I can not give any opinion based on their evidences - The evidence can be interpreted by Judge in many ways "

yet In my Evidence in chief submitted to court the lawyer royally states that 

" In fact the plaintiff alleged agreement is null and void and cancelled for his default in the payment of installments as shown in the agreement "

and I am supposed to defend it in court without knowing an iota of the evidence the other parties submitted

Do I have a valid point to raise and demand answers or am I missing something ?

Will Some expert please set me straight - if I am missing something here.

I have very little time to decide whether to go with this lawyer or not ?