Legal Question in Consumer Law in India
Advocate problem
I had my case with one of the senior advocate of a high court who was to be elevated as a judge. This advocate suddenly handed over my case to his colleague without me signing the no objection certificate?
This colleague of him seems to be invisible, I have never seen him in any of the hearings of my case.
Is this permissible in this profession or is there some fraud in this.
7 Answers from Attorneys
Re: Advocate problem
you can take back the case and u can sue the advocate for mishandling. but you should consult a new lawyer before taking any step
Re: Advocate problem
There is no fraud like that. The original power of attorney you executed in favour of your Advocate usually contains a clause authorising your advocate to assign the case to any other advocate.
If you are not satisfied with the conduct of your counsel, you are at liberty to seek return of your brief and engage another advocate of your choice.
Re: Advocate problem
Advocacy is a noble profession. A senior advocate being elevated as a judge cannot continue with any case. However, he may have given the case to a competent person only. You should not suspect fraud in it. If you wish you can take your case back and assign to some other counsel.
Re: Advocate problem
If you have no faith in the advocate you can hire some good advocate in the same court.
Re: Advocate problem
you need not suspect any fraud on these issue, its normal practice , however he should have intimated you before your brief is entrusted with someone., you can contact his former office and get back file or contact his clerk.
Re: Advocate problem
Being teh earlier advocates collegue he would have signed eth vakalth earlier but if you are not satisfied with this advocae you can always engage another advocate by taking no objection from this advocaet
Re: Advocate problem
1. Senior advocates are not supposed to take cases directly from the clients, nor do they, to the best of my knowledge, get vakalatnama signed from the clients directly. Looks like there must have been a regular advocate also in your case.
2. The three advocates [earlier regular advocate; the senior advocate; the new advocate] are liable under the Bar Council Act for misconduct. You can complain to the Bar Council.
3. You can also complain to the Consumer Forum.
M C Gupta
Related Questions & Answers
-
Cooperative society Is it mandatory to pay full maintenence and service chrges if a... Asked 8/26/08, 7:26 am in India Consumer Law
-
Affidavit if there is some wrong information on the given affidavit then is it... Asked 8/24/08, 8:36 am in India Consumer Law
-
Unflated mobile roaming charges My son was on a tour abroad and had a mobile... Asked 8/22/08, 8:09 am in India Consumer Law
-
Consumer rights I have seriour complain as to poor performance of my car I would... Asked 8/22/08, 2:22 am in India Consumer Law
-
Consumer act A bank dishonour the cheq. of the firm by negiglancy,Can the firm go in... Asked 8/19/08, 11:51 am in India Consumer Law