• Cheated by Advocate

I had approached one law firm in Bangalore for divorce. In advance took 4 lacs and their travel expenses as well. But they didn't appear to court to any of the hearings and the ex-parte order was passed in others favour. After an year he demanded another 5 lakhs if they still have to be on records. How can I get the refund of my money?
Asked 15 days ago in Family Law
Religion: Hindu

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26 Answers

1. If you have documentary evidence to prove that you indeed paid Rs. 4 lakhs for divorce and the Advocate representing the law firm failed to attend any of the hearings resulting in ex-parte order not in your favour, then send a legal notice for refunding your amount.

2.  In the alternative, you can lodge a complaint against the Law firm, in the Bar Council, for lack of professional conduct as well as getting your money back.

Shashidhar S. Sastry
Advocate, Bangalore
5548 Answers
338 Consultations

File complaint against law firm with bar council of your state 

 

2) enclose proof of payment ,court records of your case which prove that firm did not attend any court dates 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

Yes 

Shashidhar S. Sastry
Advocate, Bangalore
5548 Answers
338 Consultations

You can file complaint your self against the law firm 

 

it is advisable to get complaint drafted by lawyer 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

You can make a complaint against the lawyer with the bar council of Karnataka by submitting the documentary evidences for the payment made to the lawyer requesting action for professional misconduct and for recovery of your money.

The law firm's name also may be impleaded in your complaint as second respondent.

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

Yes you can also submit the complaint as party in person provided you are able to adhere with the procedural formalities to draft and submit the complaint.

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

- The aforesaid actions of the law firm amount to cheating and constitute a breach of trust with the client. 

- Further, such conduct is in clear violation of the professional ethics and standards prescribed under the Advocates Act.

- Hence, you can take legal action against the said firm , and you can file a complaint before the Bar Council of India /State Bar Council.

- Further, you can also approach the Consumer Forum as well against them. 

- Yes, you can file without a lawyer as well. 

Mohammed Shahzad
Advocate, Delhi
15400 Answers
235 Consultations

Complaint to Bar Council ? Associations takes such cheating tactics very seriously ?

In which city case was going ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
23037 Answers
31 Consultations

Yes, you can file a complaint yourself without a lawyer. Since you have documentary proof of payment and non-performance, you can take the following legal actions:

  1. File a Complaint with the Bar Council of Karnataka – Report the advocate for professional misconduct. Attach your evidence (payment proof, court order, communication records). They can initiate disciplinary action.

  2. File a Consumer Complaint – Since this is a service deficiency, you can file a complaint with the District Consumer Disputes Redressal Commission in Bengaluru to seek a refund and compensation. No lawyer is required; you can represent yourself.

Prepare a detailed complaint with dates, payment receipts, and case history. If needed later, you can hire a lawyer only for the court proceedings.

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

Dear Client,

Your situation requires action on two fronts:

  1. Seeking a refund for services not rendered.
  2. Complaining about professional misconduct.

You have strong evidence (payment proof, court order showing non-appearance), which is a significant advantage.

There are primarily two main avenues for redressal:

1. Complaint to the State Bar Council (Karnataka State Bar Council):

This is the primary body responsible for regulating the conduct of advocates and addressing professional misconduct.

  • Grounds for Complaint:
    • Professional Negligence: Not appearing in court, leading to an ex-parte order, is a clear case of professional negligence.
    • Breach of Duty to Client: An advocate has a duty to diligently pursue the client's case.
    • Unethical Demands: Demanding additional money after failing to perform their duties (especially leading to an ex-parte order) can also be considered unethical conduct.

2. Civil Suit for Recovery of Money (Breach of Contract/Negligence):

You can also file a civil suit in a civil court for the recovery of the fees paid due to the firm's negligence and breach of contract.

  • Grounds: You paid for a service that was not adequately provided, leading to financial loss (the Rs. 4 lakhs, potentially the cost of fighting the ex-parte order later, etc.).
  • Jurisdiction: You would file this suit in the Civil Court in Bangalore (where the law firm is located and the services were supposed to be rendered).
  • Relief: You would seek the refund of the Rs. 4 lakhs (and possibly other damages incurred due to their negligence).
  • Procedure: This is a full-fledged civil suit, which involves court fees (ad valorem, based on the amount you claim), serving summons, filing pleadings, evidence, and arguments.

Can you do it yourself? Yes, you can represent yourself ("Party in Person"). However, civil suits are complex, which involves legal nuances, drafting of plaints, cross-examination, etc. This is where having legal counsel can be beneficial, but it's your right to proceed alone.

Important Note on Consumer Court:

In the case of Bar of Indian Lawyers v. D. K. Gandhi PS National Institute of Communicable Diseases 2024 SCC OnLine SC 928 the Apex Court held that, a considerable amount of direct control is exercised by the Client over how an Advocate renders his services during his employment. Thus, the services hired or availed of an Advocate would be that of a contract ‘of personal service’ and would therefore stand excluded from the definition of “service” contained in Section 2(42) of the CP Act, 2019. Therefore, a complaint alleging “deficiency in service” against Advocates practising Legal Profession would not be maintainable under the CP Act, 2019.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

 

Anik Miu
Advocate, Bangalore
10720 Answers
123 Consultations

You should get justice but it will take time 

 

2) law firm will not file any civil suit against you 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

By filing a complaint against an advocate,  the bar council will consider documentary evidences and the explanation tendered by the concerned advocate and if the advocate is found guilty of the allegations it may punish the advocate as per advocate act and bar council rules. 

If not found guilty then the complaint will be dismissed 

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

File a complaint with barcouncil for the same

Prashant Nayak
Advocate, Mumbai
33737 Answers
227 Consultations

 

  • Bar Council complaint is free and won’t trigger any counter-case against you. They only investigate professional misconduct and can suspend or strike off the advocate—they won’t “threaten” you for filing.

  • Bar Council remedies are disciplinary, not monetary. To recover your ₹4 lakh, you’ll need a service-deficiency claim in the Consumer Forum.

  • You can file the consumer complaint yourself in the District Commission (Bengaluru). No lawyer is required—just draft your petition, attach:

    • Payment receipts and bank statements

    • Court order showing non-appearance

    • Your Bar Council complaint acknowledgment (if available)

  • Alternatively, file an FIR under IPC 420 (cheating) at your local police station—that can spur a criminal investigation and may help in negotiations.

  • Keep all records organized (emails, messages, receipts). If you hit a procedural snag, you can always hire a lawyer for that specific step—otherwise, self-representation is perfectly acceptable.

 

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

You can check online in the high court website fir registration number of the firm 

Ajay Sethi
Advocate, Mumbai
98773 Answers
8037 Consultations

The advocate firm will not be having any enrolment number because it is only the advocates who are enrolled in the bar council and not the firm.

If you are knowing the advocate name and the bar where he is practising then you can approach that bar president to get his  enrolment number  to add it in your complaint against him.

 

T Kalaiselvan
Advocate, Vellore
88975 Answers
2418 Consultations

no. registration no. will get from bar directory. 

Yogendra Singh Rajawat
Advocate, Jaipur
23037 Answers
31 Consultations

if its mandatory you can get it from the bar council if you seek information. 

Prashant Nayak
Advocate, Mumbai
33737 Answers
227 Consultations

- Since, you have proofs with you for the payment and the said order due to mistakes of law firm , then you will get justice 

- You can submit the details mentioned in the petition by the law firm 

Mohammed Shahzad
Advocate, Delhi
15400 Answers
235 Consultations

  • Yes, you can file complaint yourself.

  • Bar Council: File complaint for misconduct. No Bar number required initially; give full details of the firm/advocate.

  • Consumer Court: File for refund + compensation (service deficiency). No lawyer needed.

  • FIR: If you wish, you can also file police complaint for cheating (IPC 420).

  • Keep all payment proofs, court orders, and communication ready.

  • Bar Council won't file any case against you — no need to fear retaliation.

You are on strong legal ground.

Shubham Goyal
Advocate, Delhi
1339 Answers
8 Consultations

Hello,

It is a flagrant violation of the Advocates Act for a lawyer to fail to appear before the court after being duly engaged by a client. Such conduct amounts to professional misconduct.

Given the documents and evidence you have, you may approach the State Bar Council and file a formal complaint seeking appropriate action against this unethical and unprofessional behaviour.

Hope this helps,

Regards.

Swarupananda Neogi
Advocate, Kolkata
2988 Answers
6 Consultations

Dear Client,

Yes, you can and should file a complaint with the Bar Council.

Role of Bar Council: The Bar Council (specifically the State Bar Council where the advocate is enrolled, which would be the Karnataka State Bar Council in this case) is the regulatory body for advocates. It has disciplinary powers over advocates for professional misconduct.

Will they file any other case on me to threaten me?

It's unlikely and highly unethical for them to file a case against you to threaten you, especially if their non-performance is clear. However, be prepared for them to deny the allegations or try to settle.

Is Bar number of the advocate firm mandatory for the complaint? If so, how to get that number?

  • Bar Number of the Advocate (not firm): The Bar Council regulates individual advocates, not necessarily "firms" as distinct legal entities in the same way companies are. When you complain, you complain against the specific advocate(s) who were handling your case.
  • Is it mandatory? While having the enrollment number (or Bar Council ID number) of the advocate(s) is helpful and makes the process smoother, it's not strictly mandatory to file the complaint.
    • You can still file the complaint by providing the advocate's full name, their office address (the firm's address), and any other identifying details you have (like their email, phone number, or the Vakalatanama they may have filed in your case).
    • The Bar Council has mechanisms to identify advocates based on their name and address.

  • How to get the Bar Number:
    • Vakalatanama: The most reliable place to find the advocate's name and enrollment number is on the "Vakalatanama" (power of attorney) they filed in your divorce case. This document should be in the court records. You can apply for a certified copy of the Vakalatanama from the court where your divorce case was heard.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

Anik Miu
Advocate, Bangalore
10720 Answers
123 Consultations

1. Have you lodged a claim against them? If not lodge the claim now.

 

2. Thereafter lodge a complaint letter to the local Bar Council seeking refund of the amount paid by you.

Krishna Kishore Ganguly
Advocate, Kolkata
27602 Answers
726 Consultations

 You can lodge the complaint against your Lawyer yourself complaining about his professional misconduct and fraudulent act.

Krishna Kishore Ganguly
Advocate, Kolkata
27602 Answers
726 Consultations

You are expected to get justice from the local Bar Council.

Krishna Kishore Ganguly
Advocate, Kolkata
27602 Answers
726 Consultations

1. Make sure that your said Advocate is a genuine one and registered with the Bar Council.

 

2. In that case his name and address will be enough for the Bar Council to locate his Registration Number.

Krishna Kishore Ganguly
Advocate, Kolkata
27602 Answers
726 Consultations

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