Hello everyone, We hired a lawyer to get a personal investigation order from the court on one of our relatives who is a customs superintendent and he committed theft and stolen money and other important documents. My lawyer started out working on a draft after a couple of weeks and he got his friend (lawyer) for help. He didn't discuss any fees with us about this lawyer nor discussed why he got him in the first place. After 3 months of spending time writing a draft and charging fees to us many times, he submitted it to the court finally. The judge passed the request for personal investigation and sent the notice to the police station. We checked with our police station and found out the personal investigation order from the court has been received. Now my lawyer is demanding more money for him and also his friend to initiate the personal investigation at the police station. My lawyer has some contacts in the police station and they asked the police not to initiate the investigation until we pay them. How can I get out of this situation and make the police do their investigation? I don't want to pay more money to my lawyer and his friend. Is it mandatory to get a No Objection Certificate (NOC) in order to go with other lawyers? Where can I complain about my lawyers? How can I convince the police folks to do an investigation on my relative? How long this court order will be valid before we hire other lawyers? Please advise us. Thanks in advance.
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Complain-to commissioner of police of local police station officers are not carrying out investigations inspite of court orders
2) complaint against lawyer lied before state bar council
3) there is no expiry period for court order
4) you can send lawyer notice by registered post that you do t want to continue his services and to furnish his NOC
Hello,
Police don't charge for the investigation. You need to inform court if they are not proceeding. You can change your lawyer without noc if he is not providing you the same. You can complaint to state bar council if you have clear evidence that he has asked money from you for police station
1. You can file a complaint with the Bar Council of India against your lawyer for unprofessional and unethical behavior. This will entitle you to seek legal action against the lawyer for the losses suffered.
2. You can contact the police station directly and request them to initiate the investigation without any further delay.
3. You can also seek a No Objection Certificate (NOC) from your lawyer to hire another lawyer.
4. Once a court order is issued, it remains in effect until it is modified or reversed by the court. There is no specific expiry period for a court order.
1. Change your lawyer immediately.
2. You can write to your present lawyer that his service is no longer required and he should return the nrief to you.
3. Your new lawyer can file an application before the same Court praying for a direction upon the police to complete the investigation and submit the report within next 30 days to the Court under copy to you. It will serve your purpose.
4. You can complaint to the local Bar Council against your lawyer with evidence.
This is a private complaint with the court seeking an order to police to investigate the matter and submit report.
Therefore you can approach court itself to direct the concerned police officer to furnish the report expeditiously.
You an appear as a party in person to submit the memo as suggested ignoring your lawyer.
It is highly unethical for your lawyer to demand additional fees for initiating the personal investigation at the police station, especially without discussing it with you beforehand. Additionally, it is illegal for them to interfere with the police investigation or ask for a bribe in exchange for starting the investigation.
To get out of this situation and make the police do their investigation, you can try the following steps:
Refuse to pay any additional fees demanded by your lawyer or his friend. Explain to them that it is unethical and illegal for them to demand additional money at this stage of the process.
Inform the police station in writing that you have received the court order for the personal investigation and that you expect them to initiate the investigation immediately. Provide them with a copy of the court order.
If the police refuse to initiate the investigation, you can file a complaint with the Superintendent of Police (SP) in your area or with the Anti-Corruption Bureau (ACB) if you suspect that your lawyer or his friend are involved in corrupt practices. Provide them with all the relevant details, including the court order and the demands made by your lawyer and his friend.
You do not need a No Objection Certificate (NOC) to hire another lawyer. You have the right to choose any lawyer you wish to represent you in this matter.
If you are not satisfied with the services of your lawyer, you can file a complaint with the Bar Council of your state or with the Bar Council of India. They will investigate the matter and take appropriate action against the lawyer if necessary.
The court order for the personal investigation will be valid until the investigation is completed, regardless of whether you hire other lawyers or not.
Dear client,
I'm sorry to hear about your situation. Here are some possible answers to your questions:
How can I get out of this situation and make the police do their investigation?
It is important to remember that it is the duty of the police to carry out the court's order for personal investigation. You should not have to pay additional money to your lawyer or his friend to initiate the investigation. If your lawyer is pressuring you to pay more money, you should ask him to explain why this is necessary and to provide you with a clear breakdown of the fees.
Is it mandatory to get a No Objection Certificate (NOC) in order to go with other lawyers?
No, it is not mandatory to get a NOC in order to switch to a different lawyer. However, it is important to review your agreement with your current lawyer to understand any terms and conditions related to termination of the agreement.
Where can I complain about my lawyers?
You can file a complaint against your lawyer with the Bar Council of your state. The Bar Council has the authority to investigate complaints of professional misconduct against lawyers and take appropriate action.
How can I convince the police folks to do an investigation on my relative?
You can present the court's order for personal investigation to the police and request that they carry out the investigation. If the police refuse to carry out the investigation, you can file a complaint with a higher authority, such as the Superintendent of Police or the Deputy Commissioner of Police.
How long this court order will be valid before we hire other lawyers?
The court order for personal investigation will remain valid until the investigation is completed or until the court revokes the order. You can hire another lawyer to represent you in the investigation at any time.
