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.


Asked on 8/30/08, 6:23 am

7 Answers from Attorneys

G. M. Gupta gmguptaandassociates

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

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Answered on 8/30/08, 10:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 8/30/08, 11:37 am
Satyajit Patra Satyajit Patra

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.

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Answered on 8/30/08, 1:45 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Advocate problem

If you have no faith in the advocate you can hire some good advocate in the same court.

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Answered on 9/01/08, 2:28 am
muhamed mustaque mk associates

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.

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Answered on 8/30/08, 7:18 am
Nandita Haldipur Haldipur Associates

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

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Answered on 8/30/08, 8:15 am
Mahesh Gupta Medico-legal Advocates and Consultants

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

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Answered on 8/30/08, 8:23 am


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