• Lawyer did not file the case after getting the fees and documents

I approached a lawyer for my property dispute  for a revival  petition  of my property  dispute.  The lawyer received the required fees and signed documents  later informing me that the case filed with the original number. 
   He received money on various occasions as   the  expenditures for an injection, Mount  fees and commission fees totalling Rs 130000 apart from his fees. 
But he did not file any thing in the court for  1and half year.  Only recently I came to know this due to a police station issue.  
I am really traumatised by the action of my lawyer.  I requested him to give Nov but not doing it. 
What  I have to do?  What is the remedy?  
  How to complain him to the British Council?
Asked 2 years ago in Civil Law from Dindigul, Tamil Nadu
1) you have to file complaint against advocate before bar council  of Tamil Nadu . It has to be in form of petition duly signed and verified 

2) once  petition is filed notice would be issued to advocate and he has to file his reply . Evidence would be in form of affidavits 

3) I presume that you have correspondence exchanged with lawyer and fees have been given by cheques only
Ajay Sethi
Advocate, Mumbai
44410 Answers
2581 Consultations

5.0 on 5.0

This is height of professional misconduct. He should either return the fee or file the case for which he was engaged. File the complaint to the Bar Council of Tamil Nadu. The British Council ceased to have jurisdiction and control over Indians on 15th August 1947.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

First file a complaint against the lawyer in the Bar council of tamil nadu.
You should file a complaint u/s Complaint under Section 35, of the Advocates Act.
Along with the complaint an amount of Rs.1500/- to be sent towards complaint and process fee. The said amount of Rs.1500/- can be sent either by way of demand draft obtained in favour of “BAR
COUNCIL OF TAMIL NADU” or by Money Order.
The complaint format can be done by checking the website or through a court clerk or through a lawyer. 
I am sad that a fellow lawyer has done this and feeling extremely sorry. 

Hope this helps.

Contact address of the State Bar Council: Secretary, Bar Council of Tamil Nadu, Bar Council Buildings, High Court Campus,Chennai - 600 104, Tamil Nadu.
Rajgopalan Sripathi
Advocate, Hyderabad
1267 Answers
155 Consultations

5.0 on 5.0

There are few lawyers who do such disgusting acts which brings disrepute to other genuine lawyers too.The attitude of such unbecoming lawyers cause great harm to the entire lawyers community and they need to be condemned and some disciplinary actions to be taken against them. 
Now a days the Bar council is taking a serious view of such mischief and act of cheating by the said few lawyers on the complaints received from the litigants. 
You may give a complaint in writing against the erring advocate to the Bar council of Tamilnadu and Puducherry, which is functioning in the high court campus, Chennai giving the details and seek to direct the advocate to refund the fee collected from you.  A copy of this complaint may be tendered with the Bar Association Dindigul (where the lawyer is a member) also for necessary information and action.
T Kalaiselvan
Advocate, Vellore
34550 Answers
372 Consultations

5.0 on 5.0

Hi, Once he received the fee and thereafter if he does not file the case it will become professional mis-conduct so you have to approach the Tamil Nadu State Bar Council and lodge the Complaint there for professional Mis-Conduct.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.5 on 5.0

you should file an questionnaire before the competent court who has jurisdiction of your case, and ask status of your case. picture will be clear when you receive reply from the court. then you should decide next course of action. any person can ask that questionnaire after making requisite fee.   
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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