• Blackmail by lawyer

Our lawyer at high court agreed to take 90000 as fees for my father's anticipatory bail plea. He said that we do not need to pay anything after that. But after the interim bail was granted, he blackmailed my mother telling that he needs more money or else he won't hand us the court order for interim bail. The court hearing for anticipatory bail is scheduled for next month. We informed him in the beginning that we do not have any more money as my father's pension is not regularised yet and he should not take the case if he needs more fees. So he fixed the fee at 90000. He betrayed us and is resorting to extortion. What should we do? Will changing him result in the cancellation of my father's interim bail ?
Asked 7 years ago in Criminal Law
Religion: Hindu

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12 Answers

You can go ahead and lodge a complaint against him in the BCI and based on that complaint you can change your lawyer without even obtaining his NOC.

Also you can ask some other lawyer to get the copy of order.

Changing him will not lead to cancellation of bail.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) do you have any letter from lawyer wherein fees for obtaining anticipatory bail are mentioned ?

2) you can obtain certified copy of interim bail order from the HC by making an application in this regard

3) you can complain to bar council against the lawyer

4) you are at liberty to change your lawyer. it would not affect your father interim bail

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

Sir/Madam,

As you mentioned above, 90k is for anticipatory bail plea. Did you discuss with him the fee for interim bail? .

Did you get any document proof from him for the legal process and fee? .

Changing the lawyer would not affect your current bail. Generally on criminal cases you would not need NOC from present lawyer.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

If your allegations are right then this kind of unscrupulous lawyer sut be brought to books.

Do not succumb to any pressure. Rs. 90,0000/- even for anticiaptry bail is huge amount and it is nothjng but extrotion.

Immediately inform the police and lodge complaint in writing.

Change this lawyer and if he doesn't hand over the vakalatnama then mention this matter to the court. The court then would allow you to engage a new advocate.

Do lodge complaint with local Bar Council also.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Hi, change the lawyer and approach some one else for the order .. He is not required any more as bail has already been granted .. Moreover , if you want the other it can be obtained online through e-courts .. Talk to a clerk in high court , tell him the details , he will get a certified copy for you

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Changing lawyer will not result in cancellation of your father's interim bail. You may seek NOC from this present Lawyer and engage another lawyer.

As regards to your present Lawyer, you may prefer a Complaint against him for misconduct before the State Bar Council.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. This is really bad, if true.

2. You can then change your lawyer and obtain the certified copy of the interim bail order through another lawyer.

3. Changing your lawyer will not result in the cancellation of the interim bail.

4. A complaint may also be filed to the State Bar Council against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

The interim bail has been granted by court and not by the lawyer.

Hence it cannot be cancelled just becasue you changed the lawyer.

If the lawyer refuses to to handover the copy of the interim bail, you as a party, can file a copy application seeking copy of the order by yourself, there is no restriction to supply the copy of the order o the petitioner by proving satisfactory evidence to his identity before the court.

You can also send a written representation/complaint to the bar association where this advocate belongs seeking its intervention against his atrocious demands.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

send email to lawyer that Rs 90,000 was paid for 3 case whereas only one case has been filed by him

2) request him to inform you as to why other 2 cases have not been filed by him

3) if you dont receive satisfactory reply file complaint against lawyer before consumer forum

4) i presume you have documentary evidence that Rs 90000 was paid for 3 cases

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

A complaint before the bar association can be made, Bar association will remain opened.

You can also issue a notice to the lawyer demanding explanation and refund of fee for the job not done, let him give a reply which can be used against him in the complaint agaisnt him with the concerned bar association and bar council.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

I am unable to come to a conclusion from your questions.

All 3 cases are wrt. same issue?. what are the cases?

Did you discuss with him on the priority of the case to be lodged?

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

I hope that during such long vacations the vacation benches are working, you may cross check this with a local lawyer.

And the ab applications can be filed during the vacations (if vacations benches are holding court).

Regards

Let me know if I can be of any further help.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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