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M Sudhakar (CEO)     04 November 2013

Is our lawyer fooling us ?

Dear Experts

I am legally illiterate and GPA for a friend in a civil property case in which he was impleaded in a dispute between Builder and an agreement holder.My friend is the bonafied subsequent buyer.

My lawer after years and years decided to submit evidence through me - I do not know aht is evidence and signed the affidavit thinking it is just another document.

Judge set it aside for Counter ( don't know what that means either )

Lawyer and Lawyer's assistant both have been demanding extra money from me and I said I am only a GPA in the case and said I can not pay without asking my friend

I paid a good tip to the Lawyer's assistant but he was again persistent for more which I refused

Two adjournments later without any counter form other parties - lawyer's assistant in the absence of the Lawyer, tries to get the evidence marked and the Judge silently sets it aside three times but the assistant demands the evidence be marked

Judge relents and marks the evidence administers my oath - at that stage I did not know what marking meant

 

My lawyer says it was mistake as it was set aside for counter but wont explain what was the mistake

At the time of marking my GPA is not marked

At Next hearing My lawyer tries to casually ask the Judge to mark the evidence

Judge says Why was it not marked earlier ? and insists that Recall petition a must.

Now lawyer is trying to make me file a petition suggesting to the Judge that - No recall petition is necessary as the case can be re opened and GPA marked.

Is my Lawyer leading me up garden path ? - We paid him all he asked for and now is he trying to complicate the matters for more money ?

His attitude is intimidating and least re assuring and has lied blatantly

I feel most uncomfortable working with him but my friend says at this stage we can not change lawyers.

What is recall petition and why si my lawyer making me suggest to the Judge that re call petition to mark my evidence is not required when the Judge clearly asked for recall petition ?

Is the lawyer trying to un necessarily submit evidence and expose me to un wanted and perhaps deliberate cross examination ?
 

Please answer - Should I go to another lawyer ?



Learning

 1 Replies

Sreenivas V (S/W)     04 November 2013

Hi Jagan, I hope even though you are legally illiterate in law as you posted your message here you are a literate.

I am not a lawyer but has been fighting in court for cases through lawyers which were filed by my wife and inlaws for the last 6 yrs.

Like everywhere in the world you will have good and bad people. So to find an answer for your doubts it is better to go to few other lawyers and explain your case and get opinions. Normally in courts the process itself slow and sometimes it is true that we doubt our lawyers. Again some times lawyers will play also with us. So we should try to get knowledge something on this so that we cannot be cheated. 

We should inquire about a lawyer properly before going to him, should not think of who will do your case for small amount. Also there are instances even though we pay whatever they ask getting cheated also. Normally when I say cheating what lawyers normally prefer is to get the case solved by a settlement. Reasons for this is opposite side lawyer who may be defeating will try to delay the case as much as possible as that is the way the system is now and somewhat easy to do this. So after years of fighting the case at the end going for settlement who did not do anything wrong personally they will not like it. This is where your lawyer gets angry on you on why you are not going for settlement as the opposite party is ready for it.

 


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