- This topic has 10 replies, 8 voices, and was last updated 1 year, 3 months ago by
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COur entire family lives in Maharashtra and we have our ancestral land in UP. Our land and property has been fraudulently sold by my paternal uncles. We hired a lawyer in UP who seemed very trustworthy and skilled. But what all he did was,he kept taking money from us saying we need to bribe X person here and Y person there to get papers. He sent us the property papers,which are most likely forged. It has been mora than a year and we have already sent him more than 5 lakhs, and till now even the case hasn’t been filed in the court. The worst part is, he keeps saying that the case has been filed this Jan but doesn’t have a case number to show for it. He keeps telling us hearing is on this particular date,then he makes some excuse that on that date court didnt open or something else and then he gives us another date.
We have been through a lot and now I want to know what can be done in this case? Shall we forget all the money sent to him and hire a new lawyer or is there a way to get the money back from him and use that to hire a new lawyer? Pls help -
SYou can get him sued for malpractice. But that’s more money to another lawyer. He’ll lose his license or at the very least, his reputation will take damage.
Now find another lawyer. Good lawyers can be found through connections in the capital cities. Find big law firms in the capital cities and ask them to connect with you guys. That’s the best way to do it
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MWell – a little here and there really. You [can’t sue lawyers in consumer court](https://www.livelaw.in/supreme-court/advocates-liable-under-consumer-protection-act-for-deficieency-of-services-supreme-court-257837#:~:text=Gyanvi%20Khanna&text=In%20a%20crucial%20development%2C%20the,against%20advocates%20alleging%20deficiency…) and here’s [contact info](https://barcouncilmahgoa.org/contact/).
So what does legal malpractice law mean in the Indian context? One can [complain to the bar council](https://www.barcouncilofindia.org/info/complaints-against-advocates#:~:text=Once%20the%20Bar%20Council%20has,through%20a%20duly%20authorised%20representative.) the Maharashtra bar council has a [prescribed format for the complaint](https://barcouncilmahgoa.org/wp-content/uploads/2024/06/English.pdf) Understanding what constitutes malpractice or unprofessional conduct within bar council rules is important, and having proof, such as payment of money, is equally important.
Id also suggest going to the court in question and inquiring from the registry. Or just try and search by party name on the Ecourts website/app to see if the case is filed. Hire another advocate and incase the case is filed, get him to move an application in the court for changing counsel and you’ll have to appear in court and record your statement saying you want to change your counsel.
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HYou’ve been scammed. Drop this lawyer immediately. Demand proof of case filing—if he fails, send a legal notice. File complaints with the Bar Council, I Consumer Forum, and even the police (Sections 406 & 420 IPC) if needed.
Visit or get a local contact to check if any case is actually filed in your name. You can also search online on the Uttar Pradesh e-Courts website (https://services.ecourts.gov.in).
Hire a new lawyer, but this time, be careful—no cash, everything in writing. You may not recover the money, but don’t let this guy waste more of your time.
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HSuing under the Consumer Protection Act is tricky, but if there’s clear fraud (like taking money without filing a case), a police complaint under IPC 406 (criminal breach of trust) is still an option. The Bar Council route is tough, but filing a complaint puts pressure. At the very least, confronting the lawyer and demanding proof might push him to refund some money.
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SNope, my friend. I believe you are a bit incorrect. You cannot sue an Advocate under IPC during the course of his work, I had appeared in a similar case before the High Court at Cuttack and even though the client was influential a 482 quashed the FIR at the very second hearing. I know it’s unfortunate but that’s what the situation is.
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MMausiji, Magnusdick is correct unfortunately in this case.
Lawyers not subject to consumer protection act (2024, SC) – https://www.livelaw.in/supreme-court/advocates-liable-under-consumer-protection-act-for-deficieency-of-services-supreme-court-257837#:~:text=Gyanvi%20Khanna&text=In%20a%20crucial%20development%2C%20the,against%20advocates%20alleging%20deficiency…
Accepting fees and then not filing case is at max professional misconduct – it could be argued 420 is made out but I don’t know of any precedents. And it’s not going to be easy anyway.
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