Vakalath

Take a no objection from  the earlier advocate and engage a new advocate.  If the former does not give no objection, send a registered letter to him disengaging him and give a copy of that letter to new advocate.

Thank you @ Adv - Jeevan patil

My lawyer does not open his mouth nor he allows me to do so. 

He does not even say what his fees is , every time I ask he try to say "Whatever you want to give you give, even if you dont want to pay also its okay,"

when I return to my home he asks "do you have money to go home or should I give you money" 

But I have paid him on market rate

1) if he hasn't told you his fees, how do you know what you have paid him is acceptable to him ? Has he given you a receipt for what you paid ?

2) how did you determine the " market rate " ?

3) how will you ensure a better next lawyer, and also make sure you pay his fees if you are content to let this critical aspect remain undetermined ?

Disputes and dissatisfactions with lawyers without being clear yourself may only create more problems. So move with clarity, whatever you decide.

Do your homework before engaging a lawyer rather doing all aftermaths. This is not a good practice to change advocates frequently. A good lawyer never bargains after the vakalatnama filed nor does he remain absent from the court proceeding. 

A civilian can not understand the intensity of work done by an advocate to get a decree in-favour of his client. I agree, there are some unethical persons doing unjust to their profession, but not all.

So, do all your home work before engaging a lawyer and have faith on him. He knows the law more & better than you and is equally concerned to get you legal relief. No doubt, its a profession and the only source of bread & butter.

ADP, I don't know what situation you have faced and who was your advocate, you are already advised how to change your counsel. But, I suggest, don't make it a practice.

I have had a recent  personal experience wherein :

a) Lawyer referred by someone. Fee issue brought up but he said " don't worry, we will talk about it later " . Still expenses for initiating the case paid.

b) over time, Court has awarded costs of about 10,000/- to us, which have been given to the Lawyer.

c) case has been on for about 7 years now, during which 12 hearings have happened, only the first of which was attended by the Lawyer and the rest by his junior colleagues since those were for filing papers etc.For three of these hearings even these Juniors did not show up.

d) date of arguments is fixed. About four months before, lawyer is again met. The issue of fees is again brought up by me. Again the Lawyer says not to worry, let the case be over- the referrer is also part of the this meeting. The last court order is discussed with the lawyer's colleague who had attended the court that day.

e) it is found by me ( from the Court Website ) that the Last court order is different from what the Lawyer's colleague told us during meeting above. A meeting is sought to clarify. which happens about a month before the date of arguments. It is clarified that Order is how the Court normally puts out the same. Since the differences do not seem to be material this point is not pressed. But during the meeting it is found that the lawyer's file, my file and the court's file ( as seen by me personally during a court visit  ) may have different / missing papers. It is agreed during this meeting that myself as well as the lawyer's colleague will go to inspect the Court file together to sort out this confusion.

f) inspite of my follow ups this visit does not happen. Finally about a month before the date of arguments I send a mail to the lawyer summarizing developments and asking for time to meet him as well as to visit the Court together.

g) in response all I get is a one line mail asking to transfer Rs. 100,000/-  as " interim fee " since the case is taking more time and efforts than anticipated !!!! Mail is also marked to the referee.

h) The referer makes efforts to reach the lawyer. But he does not even take the call, saying he is too busy. The date for final arguments is now fast approaching.

i) finally, the referer - in consultation with me - sends a mail requesting to accept Rs. 50,000 / presently and finalize with me further payments and schedules. I second that mail. Lawyer mails back his bank details.

j) I send an SMS to the lawyer seeking a meeting to discuss the case. Lawyer SMSs back stating first transfer the money and then meet him !! I SMS back stating we have already agreed to give Rs. 50,000 which I would give during the meeting. There is no response from the Lawyer.

k) 2-3 days later lawyer sends a mail to both me and the referrer saying he is perturbed since money not yet transferred and if I have a problem I should speak to him.

l) I speak to him and he says their charges are much, much more than they have presently asked.it is only because of the referrer he undertook the case and if we feel his charges are high we can take the case file back. I respond it is to finalize these aspects only that a meeting was sought. He says transfer Rs. 50,000 first and then meet him.

l) Rs. 50,000 are transferred by me to his bank account the next day. He sends a thank you mail.A meeting is fixed for two days later. But on that day, on being reminded by me, he postpones the meeting as he is traveling.

m) this meeting finally happens 3 days later when the date of arguments is only 7-10 days away. Payment terms are finalized. 

n) The terms are reconfirmed via an email by me to the Lawyer. He responds he is traveling and will discuss further on his return.

o) For next 7 days there is no communication from him. Date of arguments is now only 3-4 days away. Finally on the 7th day I send him a mail withdrawing our vakalathnama.

p) I am present in the Court on day of arguments planning to request another date due all this. Luckily, our case does not get called anyways court busy and we get an alternate date some months away !!!

I wonder how my learned brothers feel about above. Was my conduct wrong or the lawyer's ? What could be done now and how to avoid these situations ?

all inputs appreciated.