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Rohan   03 January 2025

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.

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


 11 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.

Dr. J C Vashista (Advocate )     04 January 2025

Issue legal notice to such lawyer for refund of amount through another local lawyer.

You can move a consumer complaint against such lawyer.

You can also move complaint before State Bar Council where such lawyer is enrolled.

P. Venu (Advocate)     04 January 2025

You have option to engage another lawyer and seek refund from the present lawyer.

She Commie   05 January 2025

I think one of the important things you must do immediately is to check whether the lawyer actually filed the vakalats or not in the two cases in the tribunal and mamlatdar. 

It is quite possible that the lawyer took money from you, but did not file the vakalats at all in the two cases. 

You must get copies of the two vakalats filed in the two cases either officially or unofficially. You get in touch with the clerks through a lawyer or directly. You may also speak to the judges directly or through a lawyer.

What are the next hearing dates in the two cases? You can directly appear in front of the judges in the two cases on the next hearing dates. Request the two judges to note your appearance in the two cases. It is very important. You also explain to both the judges that you paid money to the lawyer, but he is not appearing. This is very important. Please do not ignore this. 

You first check whether the lawyer filed the vakalats in the two cases and get the copies of vakalats officially as well as unofficially. 

It is my suspicion that he may not have filed the vakalats at all. 

If he filed the vakalats in the two cases, he would have written his enrolment number, bar council, his address, mobile number and other details on the two vakalats. 

Please do the above first. 

Also, search for his name, mobile number and other details on Google. 

Kakoli B.

Rohan   17 February 2025

Also, I would like to add I've paid the lawyer however the lawyer has not yet provided me with the invoices and keeps on delaying whenever I ask for it. What can I do here? The payment was made through gpay.

How can I gather the evidence of my lawyer not being present. Is there a place where they note the attendance of the lawyer? - Is Roznama the place?

P. Venu (Advocate)     17 February 2025

Had you signed the Vakalat. Appearance could be ascetained from the Roznama.

Rohan   19 February 2025

Yes, we are in process to get a copy of the vakalatnama and Roznama

T. Kalaiselvan, Advocate (Advocate)     19 February 2025

you can ascertain the facts and then plan to intiate legal action against the act of misconduct of the advocate if there is any, through another advocate. 


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