You need to complaint to bar council in which he is enrolled with.
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 ?
You can file complaint against lawyer before bar council
2)mere suspicion is no ground for filing complaint before bar council
i requested my lawyer, several times, via email, to provide the judge with a legal document served on me, so that his honor is provided with all valid information to make a ruling, but lawyer fails to follow my instructions, resulting in a harmful fraud charge against me by party serving me the legal document, then can i levy above accusations of misrepresentation and malpractice against my lawyer
- 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
If your lawyer inspite of instructions has suppressed material facts from court it amounts to misconduct and complaint can be lodged against lawyer
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
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.
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.
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
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
It is misconduct if he has willingly suppressed the information provided and has not produced relevant documents in court.
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.
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.
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.
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.
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.
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.