LawRato

legal remedy against lawyer who took advance, and not following up now


26-Feb-2023 (In Criminal Law)
I hired a lawyer to fight a cheat case against a foreigner. Lawyer demanded Rs 22000 in advance. I paid him through bank transfer. Its been 3 months, he has not done any work. He keeps making excuses - personal issues, health issues etc. I feel double cheated. I am filing a complaint against this lawyer in bar council. Can I file a police complaint against him ? Is this a clear case of cheating? What is the definition of cheating in law? What are the other inexpensive ways to bring him to justice? I am not mentally ready to hire another lawyer since my faith in lawyers have weakened currently.
Answers (3)

Answer #1
530 votes
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper­ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
(a) A, by falsely pretending to be in the Civil Service, inten­tionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, inten­tionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in conse­quence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.

You can always file a complaint with the bar council of india as well as the state bar.
Answer #2
936 votes
If you have a proof of bank transaction means. Go ahead and lodge a complaint before Bar council, if you visit the place they will tell u the procedure to file the complaint. Other than this file PCR also for cheating before Magistrate Court.
Answer #3
830 votes
In bar association have some.. rules unecesarily you con't complaint on advocates.. If you trying to misuse on this basis ..,on this reason you cannot go to complaint ..,..See this problem not a problem he told have some health issues and he asked a excuses more then he never Demond anything right..? At this time you contact him personally solve your problem...don't make a big issue ..your advocate definitely response..I hope you understand thank you...!

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."