If you are stuck in such a situation, here is what to do.

Mr. and Mrs. Kumar, residents of the city of Anandgarh, engaged the services of an advocate, Mr. Ravi Sharma, for a property dispute about eight months ago. They diligently paid his professional fees as and when demanded. Recently, their son tried to look up the status of their case on the national eCourts services portal to understand the proceedings. To their utter dismay, they were unable to locate the case. They searched using their names as parties, Mr. Sharma’s name as the advocate, and even the case number he had casually mentioned to them. There was no trace of it.

When the Kumars questioned Mr. Sharma, he became evasive and claimed that sometimes there are delays in data entry and not all cases are visible online. However, he adamantly refused to provide the Case Numbering Record (CNR), which is a unique identifier for every case filed in India. He also failed to produce any court-stamped documents, hearing orders, or even a copy of the petition filed. Despite this, he has recently contacted them asking for a significant sum of money for an “urgent hearing.” This situation has left the family distressed, suspecting they might be victims of professional misconduct or fraud.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act methodically and not panic. Here are some steps to consider:

• Document Everything: Gather all records of communication with the lawyer, including emails, text messages, and call logs. Compile all payment proofs, such as bank transfer statements, cheque details, or cash receipts.
• Demand Written Information: Send a formal written communication (preferably via email or a registered letter) to your lawyer, demanding the CNR number, a copy of the filed case, and all order sheets from the court to date. This creates a formal record of your request.
• Independent Verification: Visit the court complex yourself. Go to the filing counter or the relevant court’s administrative office and try to inquire about the case using your names. While difficult without a case number, it is worth a try.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such behaviour from a legal professional can fall under both professional misconduct and criminal law.

• The Advocates Act, 1961: This Act governs the conduct of advocates in India. Professional misconduct, such as misleading a client, misappropriating funds, or failing to perform duties, is a serious violation. A complaint can be filed with the respective State Bar Council, which has the power to take disciplinary action, including suspension or removal of the advocate’s name from the rolls.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the advocate has taken money on the false pretext of filing a case, it amounts to a criminal offence. Specifically, Section 318 of the BNS, which deals with cheating, can be invoked. If the advocate dishonestly induced you to deliver money by deception, it constitutes cheating.

If you are the complainant

As the person who has been wronged by the advocate, you are the complainant. You can take the following steps to seek justice:

• Complaint to the Bar Council: Draft a detailed complaint with all the facts and attach copies of all evidence (payment proofs, communications, etc.). Submit this to the State Bar Council where the advocate is registered. The Bar Council will initiate disciplinary proceedings.
• File a Police Complaint: You can approach the local police station and file a complaint for cheating under Section 318 of the BNS. Provide the police with all the evidence you have gathered. If the police are hesitant, you can submit a written complaint to a senior police officer like the Superintendent of Police.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of this unfortunate situation, your immediate priority is to prevent further loss and take control.

• Cease All Payments: Immediately stop making any more payments to the advocate in question, no matter how urgent or threatening their demands are.
• Send a Legal Notice: Through a new, credible lawyer, send a formal legal notice to the advocate. The notice should demand the return of your case files, a detailed account of the money spent, and a refund of the fees paid for services not rendered.
• Secure Your Documents: If the advocate has any of your original documents, the legal notice should also demand their immediate return.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Often, when a complaint is filed against a lawyer, the police may initially be hesitant to register a First Information Report (FIR). They might advise you to approach the State Bar Council first, as it is the specific regulatory body for advocates. However, you should insist that cheating is a criminal offence under the BNS. Under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are obligated to register an FIR if the information discloses a cognizable offence. If the local police station refuses, you have the right to approach higher-ranking officers or file a private complaint before a Magistrate.

FAQs people normally have

Is it possible for a genuine case not to show up on the eCourts portal?
While there can be a short lag of a few days to a couple of weeks between filing and online data entry, it is highly unlikely for a case that is several months old not to be visible. The absence of a CNR number is the biggest red flag. Every single case filed gets a unique CNR number at the time of filing.

Can I change my lawyer if I am not satisfied?
Yes, you have the absolute right to change your lawyer at any stage of the proceedings. You would typically need to get a “No Objection Certificate” (NOC) from your current lawyer. If he refuses, you can file an application in the court to discharge him from the case and allow a new lawyer to represent you.

What if the lawyer refuses to return my case file?
The case file is your property. An advocate cannot hold it hostage, even over a fee dispute. Refusing to return it amounts to professional misconduct. You can mention this in your complaint to the Bar Council and the police.

What evidence is required?

To build a strong case against the advocate, you should gather the following:

• Proof of Payment: Bank statements, online transfer receipts, copies of cheques, or signed cash receipts.
• Proof of Communication: Printouts of emails, screenshots of text/WhatsApp messages, and records of phone calls.
• Vakalatnama: A copy of the Vakalatnama (the document authorizing the lawyer to represent you), if you have one.
• Witnesses: Any person who was present during your meetings or conversations with the lawyer can be a witness.

How long will the investigation take?

The timeline can vary. Disciplinary proceedings before the Bar Council can be a lengthy process, often taking several months to over a year. A police investigation and subsequent criminal trial also have their own timelines, which depend on the complexity of the case, the evidence available, and the efficiency of the legal system.

Advocate Sudhir Rao, Supreme Court of India