lawyers in India

Procedure for Complaint Against Lawyers In India

The requirement of lawyers has gone up during the recent times due to the interference of the government in the matters of judiciary and the pending cases. The legal practitioners usually represent the aggrieved party and take the case through the process of trial. Quite naturally, the legal professionals are considered as a preferred medium through which people can get justice effortlessly. However, it has been observed for a long time that the lawyers have made it a common practice to extract money from people instead of helping them to overcome the trouble.  The Indian Advocate Act that came out in 1961, was introduced as a guideline for the lawyers against their qualifications and disqualifications. 

According to this law, any person practicing as a lawyer must be registered with the Bar Council of India to prevent the unregistered lawyers from practicing and the incidents of fraud. The practice of deceiving people by the lawyers in the early days is one of the reasons for huge money to be involved in this profession. Today, the primary aim of a legal firm in India is to extract money from the clients approaching them for obtaining justice. Often the opposite party bribes the lawyer for losing the case and not putting enough fight. While the real culprit does not get the punishment, the victim is left in a state of confusion amidst the odds of the world.

Complaint procedure against the lawyers

Due to the corruption prevailing among the lawyers in India and their acts of conning the clients, as well as the tendency to extract money from them forces the clients to pay a huge amount of money for the cases. Apart from this, delay in the legal proceedings have also been observed. Due to the wrong practice of the lawyers to extort people for money and to serve the legal rights and the needs of the people in this country, the bar and the state council has a provision of punishment for violating the rights and rules of the people and benefiting the society. 

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The following are the steps to be followed for complaining against the lawyers of the top law firms in India. Due to the variance of law from one state to another, the steps shown below indicate the rules of the state bar council of Delhi for dealing with the complaints.

  • First step

The complaints against the lawyers of the top law firms in Delhi should be similar to a plaint specifying the entire details of the lawyer such as the name, address, enrollment number, telephone number, or any other details that are required according to the procedures of the state council. Furthermore, a colored photograph of the complainant is to be pasted on the front page of all the thirty-five copies after which the copies along with the original plaint is to be signed and submitted.

  • Second step

The petitioners must also mention their names, addresses, e-mail IDs, and the phone numbers for the ease of the authorities to contact them while complaining against a lawyer of a law firm in India.

  • Third step

The plaint is to be written in English or Hindi or any other regional language of the state according to the direction of the Bar Council of India to the authorities of the state. For complaints in regional language, a copy of its English translation is also to be submitted to the Bar Council of India. Even the lawyers of the best law firms in India  deserve punishment when they purportedly fail to deliver justice to the clients.

  • Fourth step

An affidavit on a non-judicial stamp paper of ten rupees, which is attested by the Oath Commissioner of the Notary must also accompany the plaint.

  • Fifth step

The complainant must pay a fees of rupees five hundred or more depending on the state in which the case has been filed to the council along with the plaint even if it is against the top lawyers in India.

  • Sixth step
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After the completion of the formalities, the complaint against the lawyers of the legal firms in India is considered in a meeting of the Disciplinary Committee of the State Bar Association and a notice is to be served to the person registering the complaint along with further proceedings.

  • Seventh step

After this, the committee, holds discussions among themselves to understand whether the complaint requires investigation as there are several people who complain without any valid reason. The committee, investigates the complaint and when it finds out that the lawyer is actually guilty of wrongful or illegal acts, the Disciplinary committee of the State Bar Council selects a date for the hearing of the matter and serves a notice to both the parties asking them to be present on the day of the hearing in the presence of the Advocate General of the State. Such proceedings can take place when the lawyers of the top legal firms of India are involved in wrong practices. However, if any party is absent on the date of the hearing, the court has a policy to pass an ex parte decree and when both parties are absent, than the complaint is rejected after which the petitioner is required to file the complaint again.

The final step

The legal action against the lawyer is considered as judicial proceedings and sections 228 and 193 govern them and the court where the proceedings are civil.  On the date of the hearing, both parties can put forth their arguments before the judge and after hearing, the judge presents the judgment on the case.

Author Bio

Amy Jones is a certified legal expert by profession and she is associated with Ahlawat & Associates- One of the Top law firms in Delhi. She loves sharing the latest information about business, finance and law with needy people. Follow her on twitter

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