Lawyer not appearing for cases

Hi,

I hired a lawyer for 2 cases. One in tribunal and another in the mamlatdar. The lawyer charged me Rs40,000 as the initial fee to takeup the charges for which I havent received the invoice yet paid via google pay. However, the lawyer neither the person designated by the firm to appear for the dates provided by the mamlatdaar are appearing which leads to taking another date by giving another date.

I would now like to change my lawyer due to the unprofessional behaviour of my lawyer and their firm. I have 2 questions.

What can I do about this fraud, can I recover my money paid?
What precautions should I take for future when appointing a new lawyer? Any paper written agreement that can be done?

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6 Replies

Muhammad Ayyub (Lawyer) 03 January 2025

If your lawyer is not appearing for your cases and causing delays, you have the right to change your lawyer and choose the lawyer. You can issue a formal notice to the lawyer or the firm, asking for a refund of the fee paid due to non-performance of services. If they fail to respond, you may file a complaint with the Bar Council of your state for professional misconduct and fraud. To recover your money, you can also take legal action, such as filing a consumer complaint for deficiency of services.

For future appointments, insist on a written agreement that clearly outlines the scope of work, fees, and responsibilities. Ensure all payments are acknowledged with receipts.

She Commie 03 January 2025

Do you know his enrolment number and the bar council in which he is enrolled?

First, try to get the details of the lawyer such as his enrolment number and the bar council in which he is enrolled.

There are many bar councils in India such as bar council of India and every state has its own bar council and the High Courts also have their bar councils. Supreme Court also has its own bar council.

Try to enquire and find out where he is enrolled. Get his enrolment number.

You can search on Google with his exact name, mobile number and other details. You may be able to find his enrolment number and other details in Google search results itself.

In future, if you do not wish to get into such problems, search for the lawyers' details on the internet before approaching him. You can also ask the lawyer directly. There is nothing wrong in it.

Kakoli B.

Lavanya Malhotra 03 January 2025

If your lawyer has been unprofessional by not appearing for hearings despite payment, you can:
1.Request a Refund: Send a written notice to the lawyer or firm, requesting a refund of the fees due to non-performance.

2.File a Complaint: If they refuse, you can file a complaint with the Bar Council for misconduct.

For future cases, ensure you have a written agreement detailing the scope of work, fees, and commitments. Changing lawyers is advisable here, as your case may involve technical complexities.

Feel free to contact me at prachi@lawfinitysolutions.com for guidance or to dicuss hiring a reliable lawyer.

T. Kalaiselvan, Advocate (Advocate) 03 January 2025

You can issue a legal notice to the lawyer intimating your decision to terminate the vakalatnama issued to him and state that since he has not appeared before court but has taken professional fees, his act can be termed as professional misconduct and demand him to return the amount he collected as fees.

If he fails to respond then you can register a complaint against him along with the documentary evidences to establish your allegations with the concerned state bar council for taking necessary action.