• Ensuring lawyer appears on date of hearing

Hi,

We have a agricultural land declaration case going on in Delhi High Court since 2014. We are one of the defendants in the case. We had to change our lawyer few months back because of his ill-health due to old age - the new lawyer (unrelated to previous lawyer) agreed to appear on the scheduled date of hearing. But on the date of hearing, he said he got stuck in traffic and hence couldn't appear in the court. Judge didn't give us a pass over and now our application would be discussed in the next date (3 months ahead).

Maybe our lawyer could have planned his travel better to ensure that he was on time. Now we fear that this could happen again on the next date with the same or a different lawyer. Judge can take a strict stand against us next time. How can we ensure that a lawyer would appear on date of hearing if he has promised - is there a practice of signing any kind of fee agreement with the lawyer that we could apply in our case? If not, should we take his consent in writing on plain paper or email? Would that be of any use?

Would really appreciate any kind of guidance on this topic. I have tremendous respect for lawyers and am asking this purely in spirit of self-protection.
Asked 1 month ago in Civil Law from New Delhi, Delhi

Though the non appearance of advocate is not a ground for adjournment but if due to non-appearence of advocate any adverse order has been passed that can be get vacated by filing appropriate application in same court 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

See such kind of agreement cannot be made , though it is responsibility of the lawyer to appear on the dates.

No it wont be of any use.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you had been saved by god in last date of hearing, otherwise your case would have been dismissed for non prosecution and then would have gone for filing an application for restoration which would again take expenses at your pocket.
  2. There is no such agreement by name, but yes you can execute the same.
  3. But then also problem would not survive as if anything happens that is not in his control then you can’t even take any action despite of having agreement at place.
  4. So, would advice you to change your lawyer by filing a fresh vakalatnama as soon as possible as you have time also and so that new lawyer would understand the matter and find some good case law on your stand.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

1) you should attend court onnext date 

 

2) if Lawyer is absent call him 

 

3) if he is delayed and your case is called out  request court to keep back the matter 

 

4) you can also send a gentle reminder to Lawyer by email that case is on board for hearing today to appear in the matter 

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

- Generally pass over is given by the court on such grounds if requested humbly stating genuine reason.

- Rest I doubt any agreement can be signed as every lawyer has multiple litigations to carry each day. So both side needs to co-operate.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
508 Answers
3 Consultations

5.0 on 5.0

Hi

You must attend the court hearing.  

Maintain touch base with your present lawyer.  Couple of days in advance contact him and appraise him about the case.

No chance of any agreement with the Advocate.

If court passes any adverse orders due to non appearance of Advocate it can be set aside.

NOTE: You be  present in the court when your case is called.

Good Luck. 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

No there is no practice of signing such agreement with lawyer.

Taking consent on a plain paper will not help you much.

Non appearance of lawyer on time is not ground for adjournment of hearing for the day you can request court that lawyer is going to be late due to unavoidable reason so please put the matter on hold for sometime. 

Judge will not take any strict action of non appearance of lawyer if you are personally present in the court. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

You need not be judgemental. 

However you can change your lawyer if you thinks so.

Deepankar Kataria
Advocate, Delhi
193 Answers

5.0 on 5.0

You can discuss with him and let him know that you want him in the court at 10:00 a.m. and fix the the fee for daily appearance so that he he comes on time for the money. Make clear understanding that if he did not come on time then the fee will be halved. Fix the fee which keeps him really interested.

Alternately you can choose a better lawyer.

Gopender
Advocate, New Delhi
104 Answers

4.9 on 5.0

- There is no practice of signing any kind of fee agreement with the lawyer

- You have already entered into an agreement with the said Lawyer through the Vaqalatnama.

- After signing the Vaqalatnama , the said Lawyer is bound to appear before the Court on your behalf in the said case.

- On the next date of hearing , you must appear before the Court , otherwise in your/Lawyer absence , Court will pass order against you.

-  Before the next date of hearing , you should contact to your lawyer and informed him that the Court has directed him to appear in that case.

- If, on the date , your Lawyer not appear , then you should inform the Court for the same and request the court to engage other lawyer , or  request the Court for sending court notice to him.

 

 

Mohammed Shahzad
Advocate, Delhi
522 Answers
18 Consultations

5.0 on 5.0

Dear Sir, 

It is really sad to hear that your engaged lawyer wasn't able to reach on time when matter was taken over.

It is not normally for a serious lawyer to miss his appearance and I really feel sorry that you had an adverse order as well a fear got struck in your mind. 

Getting sign or any kind of commitment won't help.

Talk with him, discuss and sort out if there is any misunderstanding.

Follow your case. Reach early to Court and ask him to do the same. Ring him on the way before on the day. 

Anand Shukla
Advocate, Delhi
475 Answers
12 Consultations

4.9 on 5.0

You can take noc from him and change your lawyer.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

As per oath we take at the time of becoming an advocate we have to ensure our clients interest if we cheat the client then we could not survive so there is no such agreement can be sign but if you wants to ensure his presence talk to him if you are not satisfied then change is the only way.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

Dear sir, 

You have to engage a person fully professional and dedicated to his services. Having said that, no agreement can define his allegiance and appearance on time for your matter. My advice to you is to engage a lawyer who is young and enthusiastic for your matter and primarily has his practice in Delhi High Court. Its nit difficult to find one. 

Hopes that solves your query. 

You can contact me for consultation. if any. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
128 Answers
1 Consultation

5.0 on 5.0

There is no such agreement that can be entered with a lawyer in this regard.

If you do not want to continue with this lawyer and suspect his integrity, you may abruptly change the lawyer.

The lawyer may have been struck in the traffic or may be he had some other engagement elsewhere hence to avoid this court, he might have told lies.

You may have to be more vigilant while selecting lawyers to take yup your case, even now if you suspect this lawyer you may change the lawyer without a second thought.

 

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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