• Liabilities of lawyer if he misses court dates

My mother has employed a lawyer for fighting a case related to her job. She lives in a different city, and therefore has to handle everything related to the case on her own. I have a feeling that the lawyer, looking that she is alone isn't taking her seriously.

Last week he missed a court hearing. My mother attempted to contact him for several days, and only this week he informed her that he didn't go as he was busy. I feel that this is not a good practice, he is wasting public money, and court's time. He should have informed my mother in advance, and asked for a reschedule from the court.

I want to know if such a behavior is acceptable, and if he continues taking the case lightly what are the recourses that we have. We have already paid him a lot of money, and fear that asking firm questions might only lead to poorer accountability by him. Moreover there is no way to know if the next lawyer we hire will turn out to be the same. Unfortunately she lives far away from our family, and our physical presence with her might not always be possible, and she will have to go through this alone. She is approaching 60, and therefore things are already difficult for her.
Asked 4 years ago in Labour

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8 Answers

See sometimes it is difficult for lawyer also so if in case of emergency or utmost necessity he is taking date than it is usual practice we have to sometime take date in case or urgency but if he is regularly doing so either you can change lawyer or if any malpractice then can complaint to state bar council but see that is extreme step also your mother can visit on some dates take follow up and regularly check status on net, to insure that there is all good in case.

You cannot be so strict with lawyer also you should not be so negligent balance has to be made for proper relation,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

While selecting the advocate you must have selected a lawyers office which has ‘n’ of advocates. If you have selected low profile advocate you may not get expected service. It is his moral responsibility also professional conduct. You may immediately change the advocate or lodge a complaint with the Bar Council of your State.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. A lawyer has a duty towards his client

2. If he takes up a matter and is not able to appear on a given date then it is his responsibility to make some arrangement by requesting some other lawyer to attend the court matter on his behalf and to hold for him

3. If the lawyer misses on dates which could lead to an adverse order against his client, then the client must change his lawyer and request him to give noc to another lawyer who is ready to represent the client in an efficient manner for striving to bring a positive outcome for his client

4. Sometimes a lawyer has multiple duties to attend to but it his duty to always make proper arrangement so that atleast someone appears for the client and the court does not give any adverse order impacting the client's case

5. If the lawyer's practice continues of remaining absent on court dates and failing to enter appearance without any justifiable reasons then the client can always approach the Bar council by filing an official complaint against the erring lawyer

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

If you suspect the integrity of your lawyer you may change the lawyer immediately.

You should not be at loss due to your lawyer's lethargic attitude.

If your mother is not able to attend the court on each and every hearing, she may authorise anyone to represent her in the court on her behalf during her absence by executing a power of attorney deed.

You may decide further course of action based on the circumstances prevailing at your end

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Ask the lawyer to inform you about next date of hearing. He is bound to attend on all dates . If he is not in position to attend he should make alternative arrangements

2) you are at liberty to engage another lawyer .

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1) Try to talk with lawyer in advance before next hearing date and plan accordingly. Mostly lawyer do not change their plans. If its totally busyvthsn only is may happen. Check or observe next 2-3 dates. Otherwise you can change the lawyer.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

Find good lawyer, it is your responsibility, Selection should be on based on research about the integrity of an advocate and knowledge.

And when u have already made him a payment, he is liable to answer your query and inform status of case.

And you cannot fold hand and shit idle, before every date, talk to lawyer, consult further course of action and insist for disposal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can first meet him and try to talk to him about the same. If he is not interested you can ask him to refund the excess fees if any.

Prashant Nayak
Advocate, Mumbai
27227 Answers
88 Consultations

4.4 on 5.0

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