Need Advice: Advocate Misconduct During Mutual Divorce – Facing Issues Over Proxy Counsel Appearance

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    • #8342 Reply
      Shreyaking887
      Participant
        S
        Shreyaking887
        PARTICIPANT
        April 25, 2025 at 1:58 pm
        Hi everyone, I need some serious advice.

        My mutual divorce petition was filed in August 2024. I was represented by Advocate A, and the second party (C) was represented by Advocate B. As per our agreement, all legal expenses were to be borne by C. Advocate A never discussed any fee with me nor shared a fee memo.

        On the third date of second motion (April 17, 2025), court work was suspended due to a lawyers’ strike, but I still appeared before Hon’ble Judge M, who kindly agreed to hear our matter and grant the decree if both parties were identified.

        I reached out to both A and B requesting them to appear or authorize someone else to do so. Both ignored our calls (mine and C’s), and Advocate A even became rude and suddenly demanded a fee. I approached the Bar President, who advised that a proxy counsel could appear if vakalatnamas were submitted.

        However, both A and B refused to give their vakalatnamas. So, out of desperation, I requested the proxy counsel to use there vakalatnamas. The proxy appeared, got both parties identified, and the decree was successfully granted.

        Now, Advocate B has filed a complaint against the proxy counsel, despite the fact that the proxy only helped us when our own counsels abandoned us during a strike.

        What should I do?

        Can I file a complaint against A and B for misconduct and negligence?

        Will the complaint against the proxy hold up?

        Has anyone dealt with a similar situation?

        Any advice would be appreciated.

      • #8344 Reply
        Vandanaking256
        Participant
          V
          Vandanaking256
          PARTICIPANT
          April 25, 2025 at 2:06 pm
          A lawyer here.
          It was a gross misconduct on part of your proxy counsel to appear on behalf of you guys without seeking authority from the first engaged advocates. It is against ethics, it is against the law. He will suffer disciplinary action (that might include suspension from practice).

        • #8343 Reply
          Desiknight9081
          Participant
            D
            Desiknight9081
            PARTICIPANT
            April 25, 2025 at 2:37 pm
            Hi. I’m a lawyer myself. It was professional misconduct on the part of the proxy to use the Vakalatnama of A and B without their consent. It might have serious consequences.

            • #8345 Reply
              Shreyaking887
              Participant
                S
                Shreyaking887
                OP
                April 25, 2025 at 2:56 pm
                They used there Vakalatnama not actual Advocates

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