A Note of Thanks and an experience with an unprofessional advocate
2 years ago
Sharing an unpleasant experience with an advocate from a few months ago. When I bought a flat a few years ago, the house-broker who represented the seller's side cheated me and I ended up paying a few lakhs more than the bank estimated price for the flat, also the registration process was tedious. A few months ago, I consulted an advocate attached to this house-broker's agency on an emergency as my family lawyer was not in town. This woman advocate was extremely unprofessional - she made me sit in her office for more than 2 hours while she attended her personal calls and her few minutes of consultation were a waste of time. I had gone to register my will and all I wanted was a will template and a quick job of registering it. This old woman tried to brainwash me into donating my property to some fraud NGOs and repeatedly hinted to make her my executor and charged me 2.5K for this unwanted advice. I paid and later left a one-line review on the house-broker agency's google reviews that both their legal and house-broking services were unprofessional and overpriced, based on my experience. I deleted my review after a few hours but this woman's husband, another house-broker of that agency called me up and started verbally abusing me in a loud voice, threatening to sue me for crores of rupees and this woman too joined in the call and both of them harassed and threatened me - I recorded the call just in case. I posted this issue on a legal forum and some advocates assured me I was entitled to leave an honest review. I spoke to the house-broker the next day and the issue was sorted peacefully. I had intended to raise a police complaint for verbal abuse, harassment and threat for the tone in which the elderly couple spoke to me, but refrained because I guess that was the woman's objective, to get into a confrontation so that she could get a legal case running to make some easy money - she thought it would be easy to intimidate me, it was clear from the way she tried to influence me to donate to fraud NGOs when all I wanted was to register a simple will to my own beneficiaries just in case due to the covid scenario and I was prepared to pay 5K to 10K for the process. I have now sold my flat and left the country. I want to thank the genuinely professional lawyers who gave me sensible advise on this issue in the legal forums. People like this woman give your legal profession a bad name, and it would do well for such unscrupulous advocates to remember that people who come to consult lawyers cannot be cheated as easily as this woman presumed, or intimidated for that matter.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
There are all type of people.
Some people even try to cheat lawyers also.
thanking is good however you till left others vulnerable to be exploited.
Not interested
BAR COUNCIL OF INDIA
A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure.
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The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language. In those cases where the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India as per the Advocates Act.
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Removal of Defects and Request for Particulars in a Complaint
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On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.
Withdrawal and Settlement of Complaints
No matter taken up by the State Bar Council (either suo motu or on a complaint made by other parties) for misconduct of advocates shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or because the complainant does not want proceed with the enquiry.
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Show Cause Notice
Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate.
The notice will ask the concerned advocate to show cause within a specified date, on the complaint made against him and to submit the statement of defence, documents and affidavits in support of the defence.
It will also further inform him that in case of his non-appearance on the fixed date of hearing, the matter shall be heard and determined in his absence. Appearance usually includes appearance by an advocate or through a duly authorised representative.
Time of Enquiry
The Chairman of the Disciplinary Committee will fix the date, hour, and place of the enquiry. This date will not ordinarily be later than thirty days from the receipt of the reference. The Registrar has to give notice of the date, hour and place to the complainant or other person aggrieved, the advocate concerned, and the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be.
Notices
The notices shall, subject to necessary modification, be in Form Nos. E-1 and E-2. It shall be sent to the advocates appearing for the parties. Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal.
The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.
The notices may be sent ordinarily through messenger or by registered post and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code.
Notice may also be sent for service through any Civil Court.
Where the notice sent to any party cannot be served using the normal methods listed above, it may be served by affixing a copy in some conspicuous place in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office.
Appearance and Witnesses
Parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices.
A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama.
The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. Such advocate may be paid such fee as the Council or the Committee may decide.
Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served.
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Thanks
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Sir thank you for your kind words and taking time to appreciate our work. It's our duty to provide you with best possible advice. Thank you for your feedback
Thank you
Please rate if you find this advice helpful.
Lucem Leg
Responded 2 years ago
A.Dear Sir,
That's so kind of you that you are posting here and thanking the lawyers who have helped you or advised you how to tackle the situation. A good advocacy always gets good advise from their clients.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that in stead of punishing an unscrupulous person in proper manner, you are trying to misguide the clients who are seeking lawyer's opinion through this esteemed online platform. Don't you think that you are guilty of defaming the Lawyer community as a whole. If you had bona fide complaint against a Lawyer,then before living this Country,you would obviously take appropriate steps against that person as may be advised in Law but the fact is otherwise and for that reason you didn't give the full particulars of those persons who alleged to have cheated you because you have fear in your mind that if the truth reveals,then it might go against you, so first prove your case legally otherwise your conduct to defame the Lawyer community through online posts will presumed to be mala fide and will liable to be considered as Cyber crime on your part.
Advocate Sinjari Bandyopadhyaya
Replied 2 years ago
There is a typographical error in the last paragraph. Please read it as "Leaving " in stead of living.
Property joint way issue
Varsai & will
Sale deed mentions that roof has ownership to owner(builder) not flat owner
Property Transfer
Gift deed
