• Lawyer misrepresentation and malpractice

I believe my lawyer is misrepresenting me and may have also committed malpractice. What steps can i take to report him and get my money back ?
Asked 6 years ago in Criminal Law
Religion: Hindu

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21 Answers

You need to complaint to bar council in which he is enrolled with. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can file complaint against lawyer before bar council 

 

2)mere suspicion is no ground for filing complaint before bar council 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

- Agrieved party may complaint to respective bar council of district with grievances.

- Also can complaint to BCI with same grounds along with a copy to District Judge.

 

Regards

 

Vivek Arya 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

If your lawyer inspite of instructions has suppressed material facts from court it amounts to misconduct and complaint can be lodged against lawyer 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It really depends on the contents of the document that is served on you

We dont know what's there in that document and how it would help you in the matter. So it's very difficult to say

Sometimes as a part of legal strategy a lawyer decides to withhold a document from court which course of action may benefit his client

But the aspect which is required to be given more weightage is that all facts must be disclosed to the court even if it may go against the client

Not doing so may amount suppression of material facts and not approaching the Court with clean hands

A client can give instructions to his lawyer NOT how to conduct his matter before the court but such instructions are limited to the queries put forth by the court in the course of the legal proceedings in which the client is called on to decide one way or the other and instruct his lawyer accordingly so that the client's decision can be conveyed to the court

Anyway if you feel that your lawyer is not working in your interest then you can always discharge him by paying his professional fees as would be due till date and appoint a new lawyer 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

You need to prove the same as intentional and malafide before bar council

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Had he explained you all drawbacks of your instructions. Than all loopholes and why he is not providing all legal documents to judge etc.

 

You can make complaints against him in the bar council of india in that particular city. But before doing this have you cross check with him towards your instructions merits and demerits.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The malpractice done by your advocate is not clear from your query.

2. Anyway if you have reason to believe and corroborative evidence to establish your cahrges you can lodge complaint against him in Bar Council and Bar Association as well.

3. In the meantime do change this advocate and engage some other advocate.

4. The mistake done by him can be corrected if you challenge the order before the higher court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

A complaint against an advocate has to be in the form of a petition filed before state bar council. The mode of operandi and strategy and arguments are different.  Even though the fair dealing is important and good lawyers never confuse or mislead a court.

 

If you are not satisfied the lawyer then you may change him immediately and if he done any misconduct then file a complaint against him under advocates act

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Hi

You need to be sure as to whether actually the assumed misrepresentation / malpractice has been done by your counsel.

In case if you can prove your apprehensions, YES you can lodge complaint against your counsel before Bar Council of the State and also Bar Council of India. 

In order to lodge a complaint, you need his / her Enrolment Number need to comply with other procedural aspects.

Before going ahead, you be doubly sure and lodge the complaint.

Good Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If you have strict prove to show the same then file a complaint before the bar council 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can complaint of the misconduct before the state bar council where the lawyer is enrolled.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is misconduct if he has willingly suppressed the information provided and has not produced relevant documents in court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

 

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.

Click here to see the Advocates Act, 1961

Click here to see Parts I, II and III of the Bar Council of India Rules

Click here to see Part IV of the Bar Council of India Rules (Rules on Legal Education)

Click here to see Parts V, VI, VII, VIII and IX of the Bar Council of India Rules

The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.

 

Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.

Removal of Defects and Request for Particulars in a Complaint

The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. He can also call the complainant to remove any defects and call for the particulars or copies of the complaint or other documents as may be considered necessary.

On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.

Withdrawal and Settlement of Complaints

No matter taken up by the State Bar Council (either suo motu or on a complaint made by other parties) for misconduct of advocates shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or because the complainant does not want proceed with the enquiry.

Before referring a complaint for misconduct of an advocate to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish further and better particulars or may call for comments from the advocate complained against, within a time to be fixed by it.

Show Cause Notice

Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate.

The notice will ask the concerned advocate to show cause within a specified date, on the complaint made against him and to submit the statement of defence, documents and affidavits in support of the defence.

It will also further inform him that in case of his non-appearance on the fixed date of hearing, the matter shall be heard and determined in his absence. Appearance usually includes appearance by an advocate or through a duly authorised representative.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can file a complaint before state bar council against an advocate write detail of what all has transpired including any documentary proof which will be helpful to you during course of proceedings. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. This is a common malpractice followed in Courts for which the profession is being defamed.

 

2. Chamnge the lawyer immediately.

 

3. Lodge a complaint against him in local Bar Council with evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. File a supplimentary affidavit after changing the lawyer duly annexing the documents which has not been annexed by your present lawyer.

 

2. It is a prudent practice for the litigants to be present in the Court on the dates of the hearings. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can make complaint to bar association in which the said lawyer is permanent member. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been charged with fraud charges due to lack of active ness of your lawyer.
  2. First, go and file an appeal against the order and an application to bring the documents on record along with the proof of communication that you had with your lawyer.
  3. Then, you can file a consumer complaint against your lawyer for the refund of fees plus compensation for the trauma that you have suffered.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If you suspect the integrity of your lawyer you may better change the lawyer immediately.

However without any substantial proofs for the allegations against your lawyer you may not be able to lodge any complaint against him with the bar council of India.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You must become  aware of the court procedures or the trial proceedings before you jump at any conclusion.

If your lawyer could not submit the documents before court then you should analyse that why he could not do it, because the documents cannot be submitted as and when you feel like, you may have to submit them only during trial proceedings that too while deposing your side evidence .

You cannot conclude that your lawyer is indulging  in any malpractice just because he did not submit the documents before court.

Any such complaint without proper evidence or without knowing the court procedures in this regard may backfire and you may have to face additional problems besides the present litigation.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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