Dear sir, I have been fighting case in court. But every time my lawyer is bringing new date for over the last two years. Please suggest me how to resolve this issue.
Please try to change your advocate and before that see that all documents are taken from him. Courts are known for adjournments for sake and convennience of respective parties and their advocates. It is not known nature of suit and reason for adjournments.
You should immediately fire the lawyer and also make a complaint about him in the Bar Council about his professional misconduct. Section 35 - 44 of Advocate’s Act deals with the professional misconduct of an advocate.
When an advocate is appointed by a client for a certain case under Order 4 of Civil Procedure Code, 1908 the pleader has to file to the Court a duly signed written document by the client, which is termed as a Vakalatnama. In case a client is not satisfied with the lawyer, then first, the client should discuss it with the lawyer, and resolve the issue amicably. If it is not resolved then he might ask for a No Objection Certificate (NOC) on the Vakalatnama or on other documents related to the case. This is an easier way. But in case the advocate does not agree to give a NOC, then the person can issue a notice of termination to the advocate and apply to the court for withdrawal of Vakalatnama. Order 3 of Civil Procedure Code gives aggrieved persons the right to choose one’s pleader. Therefore changing of pleader with the leave of the Court is possible. The new pleader should submit a duly signed Vakalatnama to the court. Hence it is possible to change one’s pleader. In a few cases problem arises with the case history. If the pleader fails to give it to the client, the client can apply for the order sheet by an application to the Court.
Though right to justice is guaranteed by the Indian Constitution; way to justice is to be made by the person seeking justice. Hence, although the pleader is going to appear before the court the full responsibility rests on the instituting or defending the suit or criminal proceeding. Therefore, if the appointed attorney is not fulfilling the purpose then the client can at any remove him from being his lawyer.
How to file a compliant?
- 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.
- Write the compliant in English or Hindi or other regional language. And in the latter cases the state bar council will translate the compliant.
- Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules.
- For more information on the procedure how a complaint over an advocate is taken up, see this web page: http://www.barcouncilofindia.org/about/professional-standards/procedure-for-complaints-against-advocates/
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