• Filing complaint against corrupt Lawyer

My wife has filed DV case and I have filed divorce case against her. Both the cases are pending. 
For DV case, court is yet to give interim order and I have submited my response for interim application. This case is going on since one year.
For Divorce case, Councelling is done and my wife has asked extension for submitting her WS statement. This case is also going on since one year.
I have given both the cases to single lawyer. Half the amount of for both cases given to my lawyer with understanding that remaining amount will be paid after 
half of the stage is reached of the trial.
Now my wife and me have decided to go for mutual and plannig to convert existing Divorce petition to mutual consent petition. My wife is planning to withdraw DV case.
We are planning to get this done through new lawyer. So we need NOC of existing lawyer of existing contested divorce case.
My lawyer has refused to give me NOC without payment of remaining amount. He has given below reasons
1. My lawyer has says "I need to pay him remaining the amount for both Divorce and DV case as that is the standard followed by all Lawyers" 
2. According to my lawyer, "it is not his problem that cases are getting closed and "
According to me both of his arguments are absurd, I am planning to take action against my lawyer. I have recorded the conversation and I have details of payment
done to him and all payment was done by chequeu.
So I have below questions

1. What options available for me to get NOC for Divorce case? Can I file application in family court to revoke existing NOC and get it revoked without involving my lawyer?
Can I get required section/order/case law etc. of Law.
2. What options available for me to take legal action against my lawyer? 
Can I get required section/order/case law etc. of Law.
3. What is the standard followed by lawyers in such case where cases getting withdrawn before the middle stage of the case is reached?
Asked 1 year ago in Civil Law

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12 Answers

1) issue notice to your lawyer you speed post or registered post  that you do not want to retain his services any more and to give his NOC 

 

2) if he fails to do so on next date of hearing inform the court that you do not want to engage lawyer services anymore and you may be permitted to engage new lawyer 

 

3)  no need to file case against your lawyer 

 

4) if case gets settled between the parties you need not make any further payment to your lawyer 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Request the court and also inform bar association. Inform the bar office about the payment already made and due to unsatisfactory service and advocate negative commitment to your case, wants to change lawyer.

Forget about legal action, emphasize on NOC. IF advocate failed to bring result for whatever reason, he cannot be held responsible unless connived with other party.

And for filling fresh MCD, you can appoint new advocate, no NOC required. ANd cases can be withdraw by parties itself. Appear in court and request the court dose want to proceed with trial due to settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

See firstly you lawyer is not wrong in asking the balance amount if you both have mutually settled though you can negotiate on amount with him, this is the standard practice as fee is decided per case not based on hearing. 

Though if you will it is injustice to you, you can complaint before state bar council.

Further you can give application in court advocate is not giving NOC therefore allow you to engage other lawyer without NOC. 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

1. This is demand is without any basis. Since you are not taking his remaining service he is not entitled to demand remaining fees either. So file a petition in the family court seeking permission of court to allow you to file a new vakalatnama even without NOC of the present lawyer

2.  The lodge complaint with the bar association and then bar council stating the harassment you faced from him.

3. Standard is what I have stated above.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

1. You can hire new lawyer and make him appear if he is not giving noc. Produce a letter seeking noc from old lawyer to court. 

2. You need to complaint against him at bar council 

3.you have to pay him the fees agreed as per the terms before cases

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

- At the time of engaging the said lawyer , you have authorizes that Lawyer to represent on your behalf after signing a contract , which is known as Vakalatnama.

- After signing the said Vakalatnama , no client will hold the Lawyer responsible for any decision.

- Since, you have signed the said document , then you made responsible for the payment of Lawyers fee , and this document is valid for three years only.

- If, you are not satisfied with that Lawyer, and want to replace with new one,then you should send him a notice written by yourself after narrating that due not satisfaction you are going to replace him.

- Produce the copy of the said notice before the Court , the Court will allow you to engage a new counsel on your behalf . 

- As, per law, you cannot take any legal action against him , because that Lawyer has not refused you to contest the case . It is you , who are not satisfied with him.

- Further, that Lawyer cannot stop your mutual divorce proceeding after engaging a new one. So , you are advised to compelete your Divorce first. 

 

Good luck and dont forget to rating Positivel.

Mohammed Shahzad
Advocate, Delhi
5666 Answers
55 Consultations

5.0 on 5.0

You have to pay his dues as agreed.  If you have not agreed, you need not pay.  You can complain against the concerned accused lawyer in the Bar Council of the respective state where he practices, if you have enough evidence to prove that you are being fleeced.  Professional Ethics and Advocates Act 1961 do not allow any unprofessional conduct, and disciplinary action may be initiated by the concerned Bar Council provided your allegation is proven to be true.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

Usually, when you want to change your advocate, you may need the consent or “no-objection certificate” from the existing advocate for engaging a new advocate in his place. However, if he refuses to give the “no-objection certificate”, you may approach the court (where the case is pending) for permission to change your advocate, which is generally granted by the court, subject generally to your paying the (due or remaining) professional fee to the existing advocate if the advocate insists.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

Hi

1) You need to send a notice to him asking for NOC, followed by filing an Affidavit / Memo informing the court about the same.

2) The  issue can be sorted out by discussion, you need not file any case against him.  However, if you intend to do so, you have to lodge complaint with the Bar Council for which you need his Enrolment Details etc.

3) If your cases, are settled mid way, you need not pay balance amount to him (but, the understanding between you and him needs to be considered).

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

You can hire new advocate for withdrawing the cases

you should pay the fees to advocate as it is generally followed practice that if the cases are getting settled then client should pay the fees to advocates as promised before hiring. 

You cannot take any action against your advocate for asking his balance fees from you. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1.  You can appear before the court and express that you have terminated the services of the existing lawyer and are planning to appoint a new lawyer, and as the previous lawyer is not giving NOC, the requirement of NOC to the proposed new lawyer may be waived.

Alternately, since you and your wife have entered into an agreement to close this matter by both withdrawing the cases filed agaisnt each other and are willing to get your marriage dissolved by filing a mutual consent divorce, you may withdraw the current divorce case by filing a memo  expressing yor intention for the same and sign this memo as a party in person, for this you dont require the signature of your lawyer.

Your case also can be disposed by court as withdrawn and dismissed after which through your new lawyer you can file the proposed mutual consent divorce, by which after a week or 10 days you both can file a joint affidavit seeking waiver of 6 months cooling period and to grant divorce immediately, the court will accept the same on the basis of the latest supreme court judgment.

 

 

2. Dont waste your time and energy with an idea to take any legal action against your lawyer because you do not have any grounds for taking any legal action agaisnt your lawyer as it was you who had  agreed for the fixed fee, hence your disengagement of the lawyer midway for your own reasons cannot be considered as any illegal act of the advocate, your complaint may not be entertained anywhere.The case may turn against you for not paying the fee as agreed upon, hence better follow the suggestions as advised yo in the above paragraph.

 

 

 

3.  It is the obligation of the parties concerned to pay the fee to the advocate as per the agreed terms, hence you may better think about what can be done on this before you hastily decide doing anything in this regard./

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been said wrongly by stating that this is the standard for all lawyers to be paid.
  2. Every lawyer has their own way of charging fees, so in the absence of not having any written agreement for the fees to be paid, he can’t force you to pay.
  3. Yes, you can appear in person before the court of law and withdraw the case and pursue the new cases with new lawyer.
  4. You need not to have your lawyer with you for withdrawal of the case and in fact you need not to move any application also as when you both will be there you can orally request the judge to allow you to withdraw the cases.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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