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  • leadindia836
    • Feb 7, 2023
    • 3 min read

How Can I File A Complaint Against My Lawyer In India?

The most responsible and privileged member of society, advocacy is seen as a noble vocation. They must uphold the highest standards of integrity and honor. An advocate should work to protect the rights of the average person in a fair and ethical manner. Disgraceful or dishonest behavior that is unfit for an advocate stems from professional misconduct.

Every state has a bar association that oversees and investigates the conduct of attorneys. The bar organization in your state should be contacted with any complaints involving your attorney. On their websites, the majority will provide a complaint form along with instructions on how to complete it.

The steps to lodge a complaint against a lawyer are as follows:

  • A petition must be used to lodge a complaint against an advocate. The document must be properly signed and validated in accordance with the Code of Civil Procedure. In cases where a regional language has been designated as a state language, complaints are frequently made in English, Hindi, or another language. When a disciplinary matter is sent to the Bar Council of India in accordance with the Advocates Act, the State Bar Council shall translate the complaint into English in circumstances where the complaint is in Hindi or another regional language. Every complaint must include the fees outlined in the Bar Council of India Rules.

  • If the appropriate charge has not been paid, the Secretary of the Bar Council may order the complainant to pay the specified fees. Additionally, he or she may call the complainant to address any issues and provide copies of the complaint or other necessary documentation. If a complaint is discovered, it must be registered and brought before the Bar Council for any decision that may be made.

  • The complaint may be dismissed for no other reason than that it has been withdrawn, resolved, or that the complainant has decided against continuing the investigation. The Bar Council may ask the complainant to provide additional information within a deadline set by the Council before sending a complaint regarding an advocate's misbehaviour to its disciplinary committee.

  • The Bar Council shall promptly notify the advocate that the complaint has been forwarded to a Disciplinary Committee, and the Registrar should do the same. The notice will request that the concerned advocate point out cause regarding the complaint leveled against him by a given period and submit a statement of defence, documents, and affidavits in defense of the complaint.

  • The investigation's date, time, and location will be set by the Disciplinary Committee Chairman. Usually, this date won't be set until thirty days after the reference has been received.

  • The notices must be in Form Nos. E-1 and E-2, with any required modifications. It will be delivered to the attorneys representing the parties. The advocate must send a notice to a party not appearing to the address listed in the complaint or the appeal's grounds. Unless otherwise directed by the Disciplinary Committee, the complainant is responsible for paying the cost of the notices.

  • The parties may appear in person or through an advocate, who must provide a vakalatnama with the name of the Bar Council, his or her residential address, phone number (if applicable), and address for notice delivery.

  • According to sections 193 and 228 of the Indian Penal Code, all procedures before a Disciplinary Committee of the Bar Council should be deemed to be judicial proceedings. Following an opportunity for the involved advocate and consequently the Advocate-General to be heard, the State Bar Council's Disciplinary Committee may issue any of the following directives, including:

  • 1. dismiss the complaint or, where legal action was taken at the State Bar Council's request, order that legal action be taken;

2. chastise the advocate;

3. the advocate's license is revoked for however long the organization sees suitable;

4. exclude the advocate's name from the State list of advocates

Take away trust in the legal system in cases where lawyers are perceived misleading clients rather than delivering justice to them. As a result, while choosing a lawyer, we should be informed and make inquiries.

lawyers in hyderabad can be appointed if the cause of action has occurred in Hyderabad. If the cause of action has occurred in Bangalore then lawyers in bangalore can be appointed. lawyer in Mumbai can also be appointed if the cause of action has occurred in Mumbai.

We provide a variety of expertise and legal services at Lead India. You can ask a legal question here. To get the greatest guidance in this situation, talk to a lawyer. Our team of attorneys understands the ins and outs of the law which will help you in making informed decisions. You can also get free legal advice online

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