• What can be done if my own lawyer is delaying the case intentionally

This is very important question regarding the authenticity of a lawyer. I have ongoing civil suit and many times I have observed that whenever I have my hearing dates my own lawyer and his assistants take next dates from the judge even though we have all documents in our favor. The case is at "Plaintiff evidence" stage and I am the plaintiff and have all property related documents in my favor. 
Recently few days back I had hearing date for the same and my lawyer told next hearing date will be given by judges due to Coronavirus outbreak. I trusted the lawyer blindly and when online the checked the order passed by the concerned Judge they have stated that "Plaintiff was absent" whereas I was in the court itself but was misguided by my own lawyer.
Thus I seek your all lawyers advise on this matter that what can I fighting this particular case do and approach the Judge personally if my own lawyer is extending the case hearing dates even though I am present in the court premises. Can I directly approach my concerned Judge and tell them that my own lawyer is misguiding me and intentionally delaying the case.
What rights do we as plaintiff have against such lawyers who are taking bribes from the second party and delaying the case intentionally. This is a huge harassment for the correct people and boon for the second party as they have no evidences and thus are getting additional dates again and again. 
Its a very serious issue and thus I trust this Forum to get assistance in this entire matter as already I have paid all the fees asked by my lawyer and thus in this scenario I cant even hire another lawyer if my own lawyer isnt helping me. Please Help.
Thanks in advance !!!
Asked 4 years ago in Property Law
Religion: Sikh

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18 Answers

If you suspect the integrity of your lawyer you have two options and either of which can be followed by terminating the services of this lawyer"

Engage a new lawyer and fight out your case through your new lawyer by obtaining NOC from previous lawyer; 

By filing a memo before the concerned court stating that yo have disengaged the existing lawyer and would like to fight your case as party in person, for this you can take advise and guidance outside the court from any skilled lawyer to follow up the case yourself.

Yo cannot meet the judge in person for this except that you can express your feelings about this in the open court during court hours.

If at all you suspect your lawyer to have taken bribe from the opposite lawyer and have clinching evidence for this to establish your lawyer's breach of trust, you can submit a complaint with the local bar association besides escalating the matter with the state bar council too seeking proper action against the erring lawyer. 

T Kalaiselvan
Advocate, Vellore
85085 Answers
2213 Consultations

5.0 on 5.0

1. You are at liberty to remove the current lawyer (even without his NOC) and appoint another lawyer or even you can represent you own case yourself.  However when you remove your present lawyer, you will not be entitled to refund of any fees paid to him.

2. Just inform the Judge at the next hearing date, that you would like to represent the case yourself. AFTER one-two hearings, appoint another lawyer.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

First, you can make the application in the court that you want to go for "PIP" that is called Party in Person.  means you have fight your own case your self and no need of lawyer. I will guide you how fight the case in the court and what type law and section needs to use and what to say and what not to say in the cross examination and how to take cross examination as well.

 

Plus you can make complaint in the BAR Association of your city  that your lawyer has misguided you and you was present in the court still it has been marked as absent in the court and misguiding and you know the case is in your favour.


Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

It is fact that due to Coronavirus all cases are being adjourned and courts are hearing only urgent cases 

 

2) you are at liberty to change your lawyer 

 

3) issue him notice that you do not want to engage his services any more and give his NOC to engage another lawyer 

 

4) if he refuses apply to court that you do not want to continue with your lawyer services and may be permitted to engage another lawyer 

Ajay Sethi
Advocate, Mumbai
94884 Answers
7569 Consultations

5.0 on 5.0

Immediately you change your lawyer.  You cannot talk to Judge directly.

If you have doubt about his commitment, it is not advisable to continue with him, immediately change him.

Forget about the fee paid, according to you, if you are not getting service as entitled by you, it is right time to change him and engage another lawyer.

Your case is at threshold, going by your post, if he does  not conduct case in a right manner, it does more harm than good to you. 

Before next date of hearing, change your lawyer and proceed with your case take active part in your case, by attending the hearing from now onwards.

Good Luck

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- As per section 32 of the Advocate’s Act , the court may allow any person to appear before it even if he is not an advocate. 

- If , you are not satisfied with your lawyer , then you can change the same after mentioning the court , or you can take help from the Legal cell for engaging the lawyer without fee .

- The mentioned acts of the lawyer are against the norms of the Advocate Act.

- You can approach against him with the Bar council of Punjab / or the same court Bar Association as well. 

Mohammed Shahzad
Advocate, Delhi
13320 Answers
199 Consultations

5.0 on 5.0

Change your lawyer immediately and get him to sign an noc. Engage another lawyer.

You may file a complaint against him in the state bar council.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Just change the advocate

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1.you can change the lawyer if the trust is crashed

2. you can appear in person in your case if you are not able to engage a counsel, however, it is always advisable to take help of a legal expert,

3. you can take legal help, free of cost, from district legal services authority of your area,

search NALSA for more details,

4. 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. See firstly you should inquire very thoroughly about your lawyer that he is misguiding or had joined hands with the second party if this the case then you may seek a NOC from him and further can engage new advocate and file complainant against your advocate before the State Bar council. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. I cannot say why the dates are being taken. Most of the time the lawyers seek adjournment to protect the interests of their own client.

2. Judge cannot do anything in this. You are free to change your lawyer.

3. Unless there is strict proof to show that a lawyer has taken bribe it will be defamatory on your part to impute this to him. 

4. Presently, the courts across the country are hearing only super urgent matters due to Corona outbreak.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Change lawyer. You can appear on next date but don`t make allegations against your advocate. Not good for you. Till you don`t have proof agasint your lawyer, don`t impute such allegations on him. Better change lawyer. Or next date appear and tell your advocate to submit evidence.

Don`t let him take date or request court.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

In general, it is the lawyers acting on the interests of the clients that tend to delay the case. If the client has a strong case, then it is in interest of the lawyer too in getting a disposal.

But assume the client does not have a meritorious case then what?

Let me explain with an example, assume you come to me requesting me to represent you in a tenancy case. Your Landlord has asked you to evict the premise, but are hesitant to vacate the property, as you like the premise for whatever reason. I advise you that the landlord cannot evict you in any manner( force or otherwise) unless there is an order of the court.

Now, think diligently and let me know what would your instructions be? To delay the case so that you may illegally hold possession of the leased premise even without paying rent to landlord or would your instructions be to get rid of the case.

Often times it is unscrupulous litigants who incentive's the lawyers to exploit the loopholes in law for Mutual advantage of lawyer and the client.

One solution that i can think of is “contingent fee” ( which is not legal in India yet, but accepted in other developed legal system). The contingent fee ensures that it is interest of both the lawyer and the client in getting a disposal, simply because lawyer gets fee on disposal and client gets the disposal he requires.

So to put it bluntly, deligent client both in respect of assisting the lawyer during the case and at times of disbursing his/her due fees in timely manner can be one of the many , many facets to ensure timely disposal of the case and not drag it for the sake of dragging to get “fee”.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

CHANGE THE LAWYER!!!!

File a bar council complaint against your lawyer if you have proof that he has taken bribe from your opponent and also seek recovery of the fees you paid him

when your matter is called out by the court's associate, step forward and show your face to the Judge by raising your hand so that your presence is marked in the roznama

it is better to engage a good honest and competent lawyer for your matter instead of continuing with a lawyer in whom you do not have any trust.

if you still continue with your existing lawyer, may be that would cause you more monetary losses if actually that lawyer is influenced by the opponent and is spoiling your case

so in such cases it is always prudent to not stick with such lawyer despite having paid his fees

the fees can be recovered from such lawyer by filing a bar council complaint against him

let the matter be conducted by a competent lawyer who is honest and who will ensure that you get some relief from court

Yusuf Rampurawala
Advocate, Mumbai
7535 Answers
79 Consultations

5.0 on 5.0

In this situation you can obtain No-objection from your old lawyer and engage new lawyer. your new lawyer can countinue his appearance in your case. There is no issue of discussed appearance of second Advocate..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can change him and appoint a new lawyer 

Prashant Nayak
Advocate, Mumbai
32037 Answers
183 Consultations

4.1 on 5.0

1. Dear the court are deffering the cases due to corona Virus outbreak and it will continue till 31st of March as per current notification from High Court and Bar council of Punjab and Haryana.

2. So your lawyer is not taking the date intentionaly but if you still feels aggrieved by your lawyer you can directly approach Judge on next date and ask him that you want to give statement as soon as possible.

3. If you want to change advocate then on next date you can hire new advocate and give his Vakalatnama in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. As long as an advocate is enraged you can not approach the judge directly.

However there is very easy way out of its mess and I wonder why you did not know this.

For whatsoever reasons your advocate is doing his bits and to stop him from ding this simply engage another advocate of your choice who would act on your instructions and would expedite the case as well.

If that time your present advocate obstructs in engaging another advocate then you can complaint with the Judge ,  his Bat Association as well Bar Council for his unethical practice.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22856 Answers
492 Consultations

5.0 on 5.0

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