• Whatsapp and Email

My lawyer prefers whatsapp communication as I reside outside India. I may be able to convince her to use email. I have the following concerns?

Can I pass on my instructions for my divorce case? 

Whether it's the POA instructions or case proceedings through Whatsapp messages or email, Will the Indian justice system consider my instructions valid?

Whats the best mode of communication in my situation as I reside outside India and how I can avoid conflicts with my Lawyer? Postal will be too much delay
Asked 2 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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11 Answers

Any electronic communication is as valid as written instructions. It also safe as there is record and no room for any confusion. If you are appearing through POA it has to be drafted abroad on any paper including white paper. Communication through whatsapp or email is preferable. 

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

You can pass on instructions through email / what’s app 

 

2) it would be valid 

 

3) communicate through what’s app or email 

Ajay Sethi
Advocate, Mumbai
99808 Answers
8147 Consultations

You may very well instruct your lawyer through any electronic mode, if he/she asks you to. For better communication, discuss your case on any face-to-face communication app. If your lawyer requires any original document, you may send them by secured postal or courier service.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You can ask court to use video conferencing for court proceedings. You can check the draft before submitting in the court.

 

for POA require proper permission through Indian Embassy or Consulate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can pass on your instructions for your divorce case through Whatsapp messages or email, as long as you and your lawyer agree on the terms and conditions of such communication. Whatsapp messages and email are considered as valid evidence in Indian courts, as they fall under the category of electronic records under the Indian Evidence Act, 1872. However, you should also be aware of the risks and challenges of using such modes of communication, such as:

  • The authenticity and integrity of the messages or email may be questioned or challenged by the other party or the court, as they can be easily manipulated, deleted, hacked or forged.
  • The confidentiality and privacy of the messages or email may be compromised or violated by third parties, such as service providers, hackers, spyware, etc.
  • The admissibility and reliability of the messages or email may depend on various factors, such as the source, destination, date, time, signature, encryption, etc., of the communication. You may also need to produce additional evidence or witnesses to corroborate or support your messages or email.

Therefore, you should follow some best practices and precautions while communicating with your lawyer through Whatsapp messages or email, such as:

  • You should have a written agreement or contract with your lawyer that specifies the scope, purpose, frequency and mode of communication between you and your lawyer. The agreement should also mention the fees, expenses, responsibilities and liabilities of both parties in relation to the communication.
  • You should use a secure and reliable platform or service for sending and receiving messages or email. You should also use strong passwords, encryption, antivirus software and other security measures to protect your devices and accounts from unauthorized access or interference.
  • You should keep a backup or copy of all your messages or email in a safe place. You should also maintain a record of the date, time, sender, receiver and subject of each message or email. You should also avoid deleting or altering any message or email that may be relevant for your case.
  • You should use clear and concise language and avoid any ambiguity or misunderstanding in your messages or email. You should also avoid using any abusive, offensive or defamatory language that may harm your reputation or case. You should also respect the professional ethics and etiquette of your lawyer and avoid any unnecessary or excessive communication.

The best mode of communication for your situation may depend on your personal preference and convenience. However, some of the advantages and disadvantages of using Whatsapp messages or email are:

  • Whatsapp messages are faster and easier to send and receive than email. They are also more interactive and informal than email. However, Whatsapp messages may not have a legal validity or recognition in some countries or jurisdictions. They may also have a lower quality or resolution than email. They may also be subject to data charges or network issues.
  • Email is more formal and professional than Whatsapp messages. They are also more widely accepted and recognized as legal evidence in most countries or jurisdictions. They can also have a higher quality or resolution than Whatsapp messages. They can also attach documents, images, videos or other files that may be relevant for your case. However, email may be slower and harder to send and receive than Whatsapp messages. They may also be less interactive and more impersonal than Whatsapp messages. They may also be subject to spam filters or storage limits.

You can avoid conflicts with your lawyer by communicating with him/her in a respectful, honest and cooperative manner. You should also follow his/her advice and instructions regarding your case. You should also pay his/her fees and expenses on time and in full. You should also inform him/her about any changes or developments in your situation that may affect your case.

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

You can pass on your instructions to your lawyer through whatsapp or email provided your lawyer is ready to entertain this mode of communication.

You cannot claim it as a right.

You have engaged the services of your lawyer to fight your cs, hence it becomes your duty to cooperate with your advocate

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

- You can give information of your divorce case through both the modes , and also depend upon your lawyer

- Since, you have engage the lawyer to contest your case , then you will have trust on him or her . 

- However, since you are living out of India, then you can appear through the VC mode before the court 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Yes there is no need to worry you can rely on WhatsApp 

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

Dear client you can rely on WhatsApp messages as well however it is advisable for you to communicate both through email and WhatsApp . Under Indian Law, WhatsApp messages and call records can be used as evidence in court proceedings.The Supreme Court held that “WhatsApp messages, which are virtual verbal communications are a matter of evidence with regard to their meaning and its content to be proved during the trial by evidence in chief and cross-examination”. 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

Dear sir,

There specific provisions in law making your communication with lawyer priviledged one and you may communicate through any mode as per the convenience of yourself and lawyer. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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