how to file a complaint against a lawyer in india

How to file a complaint against a lawyer in India? Follow.

• The complaint filed against an advocate must be in the form of a petition. It has to be properly acknowledged and verified as obligated below the Code ...
• Visit the Bar council website of your corresponding state.
• Download the complaint proforma and verification certificate forms from the site.
• Write the grievance in the form of a demur and also write the enrolment number, address, and contact number of the advocate against whom you are ...
• Take 35 copies of the petition and keep two passport size photos along with that. Make sure that all the copies are signed by the complainant.

Full Answer

How to file a criminal complaint in India?

 · As law varies from state to state where we have explained the state bar council of Delhi rules that govern such complaints: STEP 1. A complaint against a lawyer has to be in the form of a plant which shall specify the complete details of the lawyer (against whom the complaint is made) such as the name, address, phone number, enrollment number of the …

How to file a complaint against an advocate in India?

Procedure for complaints against advocates. 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. Click here to see the Advocates Act, 1961. Click here to see Parts I, II and III of the Bar Council of India Rules

How to file a complaint against a lawyer?

 · A complaint against an advocate can be filed with the State Bar Council where the lawyer has been registered. A complaint against a lawyer has to be in the form of a plant which shall specify the complete details of the lawyer (against whom the complaint is made) such as the name, address, phone number, enrollment number of the advocate and any other detail that …

What language can I file a complaint in the court?

 · Download the complaint proforma and verification certificate forms from the site. Write the grievance in the form of a demur and also write the enrolment number, address, and contact number of the advocate against whom you are complaining. Take 35 copies of the petition and keep two passport size photos along with that.

Where can I complain about a lawyer?

Depending on where your attorney is practicing, your complaint should either be lodged at:Gauteng, North-West, Mpumalanga and Limpopo to the Law Society of the Northern Provinces (www.northernlaw.co.za)Free State to the Law Society of the Free State (www.fs-law.co.za)More items...

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What can I do if my lawyer is not helping me in India?

Redress your grievance In case of misconduct by a lawyer, you can approach the disciplinary committee of the State Bar Council or the Bar Council of India. You can refer to Section 35 of the Advocates Act, which lists malpractices.

What is professional misconduct of a lawyer?

The expression professional misconduct in the simple sense means improper conduct. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

What do you do when your lawyer lies to you?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.

Can I sue my lawyer in India?

Can a client sue their lawyer in India? Yes. A client can sue their lawyer in India, if they believe that the lawyer is guilty of professional misconduct or is in contravention of professional ethics.

When can a complaint be filed against an advocate?

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. 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.

What is the punishment of advocates for misconduct?

[5] In various cases involving contempt of court, the court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate (In re Vinay Chandra Mishra).

Which is the correct example of misconduct of advocate?

One of the cases of misconduct involved taking the signatures on blank watermarked paper for defrauding a client. The committee found the advocate guilty of the act. A complainant had alleged that her lawyer took the money and still did not appear in the court for the proceedings due to which she lost the case.

What are the Seven Lamps of advocate?

Honesty, carriage, Wit, industry, eloquence, judgement and fellowship are the seven lamps of advocacy.

What are examples of professional misconduct?

Some examples are:Obtaining a license fraudulently.Practicing with negligence.Practicing with incompetence.Being a habitual user of alcohol or drugs.Being convicted of a crime.Refusing to care for a patient because of race, creed, color or national origin.More items...

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

Who are eligible for free legal services in India?

It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid.

What is free legal aid in India?

Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority.

What are the problems before free legal aid in India?

The major obstacle to the legal aid movement in India is the lack of legal awareness. People are still not aware of their basic rights due to which the legal aid movement has not achieved its goal yet. It is the absence of legal awareness which leads to exploitation and deprivation of rights and benefits of the poor.

Who shall send the report of the State Bar Council of India?

Withdrawal of Proceedings. Where a State Bar Council makes a report, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India, all the records of the proceedings, along with the report. An application by a person interested in the withdrawal of a proceeding shall sign the same.

What happens if a complaint is found to be in order?

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.

Who has the power to allocate matters relating to the Disciplinary Committee?

The Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee) or such other member authorised in this behalf by the Council) shall have the power to allocate matters relating to the Disciplinary Committee. Sometimes the Council allots a particular case to any one particular Disciplinary Committee.

What is an appeal to the Bar Council of India?

Appeal to the Bar Council of India. An appeal to the Council from the State Bar Council shall be in the form of a memorandum in writing. If the appeal is in a language other than English, it shall be accompanied by a translation in English.

Who sends quarterly statements to the State Bar Council of India?

This is mandatory unless the Committee has directed otherwise. The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India, quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees.

Who can appoint an advocate for amicus curiae?

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.

Who has to give notice of the date, hour and place of the complaint?

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.

Most Consulted General Legal Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Mukesh Nanda

Advocate Mukesh Nanda practices at District Court Amritsar. He is enrolled with the Bar Council of Punjab in 1993. He is member of the High Court Bar Association and the District Court Bar Association.

Advocate Suhasini S

Advocate Suhasini S practices at City Civil Court Bangalore, Intellectual Property Appellate Board (IPAB) Delhi, and Karnataka High Court. She enrolled with the Bar Council of Karnataka in 2013. She completed her Masters (L.L.M) from the National Law Institute University, Bhopal.

Advocate Aditya Parolia

Advocate Aditya is Master of Laws in Commercial and Financial Services Law from National University of Singapore (NUS). His academic qualifications also include courses from prestigious institutes like Hague Academy of International Law, International Court of Justice. He is a member of various international and national bar associations.

Advocate Amarinder singh

Advocate Amarinder Singh holds expertise in various field of civil laws, criminal laws, family law, consumer cases, company law, copyright, patents, trademarks, landlord/tenant matters, revenue related matters, arbitration matters, matrimonial related matters and drafting and vetting of various agreements and documents.

Advocate Piyush Singh

Piyush is the founding Partner of Delhi based law firm named PSP LEGAL. Presently, Piyush and PSP Legal are representing over 5000 home buyers against around 25 builders/developers at National Consumer Dispute Redressal Commission. Piyush started his law practice as a trainee with a London based law firm, Bowling Co.

Advocate Tapesh Agarwal

Advocate Tapesh Agarwal is a Jaipur based lawyer and has been practising law since 2007. He has been providing legal and advisory services as an independent lawyer. Advocate Tapesh Agarwal got enrolled with the Bar Council in the year 2007.

Who shall send the report of the State Bar Council of India?

Withdrawal of Proceedings. Where a State Bar Council makes a report, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India, all the records of the proceedings, along with the report. An application by a person interested in the withdrawal of a proceeding shall sign the same.

What happens if a complaint is found to be in order?

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.

Who pays for the cost of notices?

The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.

What is a complaint against an advocate?

Answers ( 1 ) 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. 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.

Who sends quarterly statements to the State Bar Council of India?

This is mandatory unless the Committee has directed otherwise. The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India, quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees.

Does the Bar Council of India have to translate the evidence?

In the case where the records of evidence are in any other language than English and the same has to be sent to the Bar Council of India or its Disciplinary Committee, then the same has to be translated into English. Such a translation thereof in English has to be made by a person nominated by Committee or Registrar certifying the same to be true copy should also be sent.

Who can appoint an advocate for amicus curiae?

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.

How to file a complaint against the police?

1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice. 2. You can send your complaint in writing and by post to the Superintendent of Police concerned.

What is a criminal complaint?

Criminal Complaint: The Plaint. It is a document submitted by the complainant to file a criminal complainant against an accused. In layman’s language, it is simply the written allegations of the complainant and it contains a summary of the facts of the case he seeks to present and the relief he seeks for the same.

Can you file plaints with an expert?

As the plaint procedure is simple, and if you have enough proof in hand, you can file them with the help of an expert in no time.

Is plaint filed after unreasonable delay?

It is also important to remember that it has to be filed within a certain time limit of the occurrence of the act in question as prescribed by the Limitation Act. A plaint filed after an unreasonable delay will not be entertained in the court of law.

Who is the defendant in a plaint?

If you are filing a plaint, you are the ‘plaintiff’ and the person whom you are filing against, is the ‘defendant’. There are certain regulations set by the ‘Limitation Act,1963’ for filing of plaints. For instance, there is a time limit within which the plant should be filed, and it differs for different courts.

Can you file a FIR?

An FIR can be filed by you if you are the person against whom the crime has been committed or know about an offence that has been committed. There are no charges for filing an an FIR, it being a crucial document that sets the criminal justice system in process.

What is the first step in a cognizable offence?

Filing an FIR. In case you are the victim of a cognizable offence, the first step you would take is to approach the police. The police, on receiving information, prepares a written document, known as a First Information Report (FIR).

What is the Supreme Court case in Shantha vs. Indian Medical Association?

V.P. Shantha and Ors. (1995), the Supreme Court has held that service rendered to a patient by a medical practitioner (except where the services are provided free of charge to a patient), by way of consultation, diagnosis and treatment, both medicinal and surgical, fall under the ambit of the Consumer Protection Act, 1986.

What are legal actions against hospitals?

Legal action can be taken against the hospital in several cases such as: · Charging extra fees for any medical treatment. · Treating any patient carelessly. · Not giving the required medication or equipment necessary for proper medical treatment. · Providing false hope and expectations.

Can you file a complaint against a hospital?

There are many cases in which one can file a complaint against the whole hospital. It depends on which category the case belongs to. Patients and their families, weakened by grief and financial pressure, are lured by big corporate hospitals with this money, and sometimes they even accept it.

Can a hospital be responsible for medical malpractice?

Though hospitals are often on the hook for incompetent care provided by employees like nurses and medical technicians, they usually are not responsible for a doctor's medical malpractice.

Can I send a complaint to MCI?

The person who wants to file a complaint against any hospital can also send a mail to MCI or can also fill the required form available on their website.

Can harrassment occur in any form?

Harassment can occur in any form but let us see a few common types:

Is adultery a ground for divorce in India?

From different case scenarios, cruelty seems to be always on the top as the most popular ground for divorce in India, whereas adultery comes just after it. However, Section 498 of the IPC Act is the governing law for mental torture in India amongst married couples.

How to go for judicial remedy in a grievance?

In a matter of any grievance relating to delay in judgement or not a fair judgement or miscarriage of Justice, the petitioner is suggested to go for judicial remedy by making an appeal or any other events before the appropriate Court of Law within the allotted time limit.

How does the Department of Justice handle grievances?

While almost all the grievances are regardingJudiciary, grievances in concern to other Ministries or Departments in the Central Government and pertaining to the State Governments or the Union Territories are also addressed to them. The grievances related to Judiciary are addressed by the Department of Justice, and the grievances related to the other Departments/Ministries/State Governments/UTs are forwarded to the offices concerned. The guidelines mentioned below related to the disposal of grievances in the Department of Justice are transmitted for information/guidance/benefit of grievance owners.

What is the case of Sahara Birla Paper?

In the case of Sahara Birla Paper, it was seen that the Supreme Court had given a biased verdict in favour of the Government. An NGO had filed the petition, consisting of the allegations against the Government. The Court had set aside the petition and ended the complete issue by stating the lack of evidence to make the offence in question. Instead of asking the petitioner to avail the remedies, the Court adjudicated the matter by declaring the diary entries inadmissible. In this case, Biasness can be seen through the actions of the judge by ignoring the evidence, as he had declared the diary inadmissible and had given the verdict without considering the evidence.

Who headed the S Ramaswami case?

In the S Ramaswami 1992 judgment by a five-judge SC bench, headed by Justice J S Verma, it had said that the issue of whether allegations against a sitting judge warranted an inquiry, was to be seen by Parliament on permitting a motion for removal of the judge moved by the requisite number of MPs. However, in the inquiry, the sitting judge should have full right of defence.

What case did the Supreme Court rule that if a member of the bar had any material about misconduct or

In the year 1995 judgment in C Ravichandran Iyer case, the Court had held that if members of the bar had any material about “misconduct” or “bad conduct” of a judge, they should meet the high court chief justice concerned or the Chief Justice of India to apprise them of the material against the judge. The apex court stated that they should wait for a reasonable time period to permit the administrative head of the High Court or the Supreme Court to take appropriate steps or action.

Where to lodge grievances?

Grievance owners are suggested to lodge their grievances on the Public Grievance Portal cpgrams-darpg@nic.in only. As the Government has introduced the platform to get grievances online, grievances received by the Department of Justice on the email I. Ds of officers will not be accepted.

What is a grievance redirected by the Department of Justice?

Grievances redirected by the Department of Justice are seen and examined by the Judiciary as per their own system and the system or procedure to deal with grievances that are generally not shared. In such acts, the Department of Justice is not in place to inform the outcome to grievance holders.