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

Mr. Anand, a resident of Janakpuri, found himself in a distressing situation while initiating his divorce proceedings. He had engaged the services of a lawyer, Ms. Sunita Sharma, for over a year to handle his case. After finalizing the divorce petition draft, he instructed her to file it in court. Ms. Sharma assured him over the phone that the petition would be filed the very next day. However, when Mr. Anand followed up after three days, she casually mentioned that the case number had not been generated yet. His requests for a filing acknowledgment or even a simple screenshot were consistently met with excuses and delays.

To make matters worse, the initial draft prepared by Ms. Sharma was riddled with fundamental errors, including incorrect names, locations, and dates, which Mr. Anand had to correct himself. When he asked for the final corrected draft via email, she claimed to have sent it, but it never arrived in his inbox. Eventually, she “confirmed” that the case was filed but again failed to provide any transparency or proof. Mr. Anand is now deeply concerned as the lawyer has a signed copy of his petition, other personal documents, and has already taken a payment of ₹15,000. Her unprofessional and evasive behaviour has left him feeling manipulated and unsure of his next steps.

Advice in such cases

Dealing with an unprofessional lawyer can be incredibly stressful, especially when sensitive legal matters are at stake. Here is some practical advice:

• Immediately cease all informal communication. All further correspondence should be formal and in writing, such as through email or a registered post with acknowledgment due (RPAD).
• Send a formal letter or email to the lawyer immediately, revoking her authority to act on your behalf. Clearly state that she is not authorized to file any petition or use your documents for any purpose.
• Demand an immediate return of all your documents, case files, and a refund of the fees paid for services not rendered. Set a clear deadline for this in your communication.
• Gather all evidence of your interactions, including call logs, text messages, emails, payment receipts, and any drafts of the petition.
• 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

In such cases of professional misconduct and potential fraud, several legal avenues are available:

• The Advocates Act, 1961: This is the primary law governing the conduct of advocates in India. You can file a complaint against the lawyer for professional misconduct with the State Bar Council where she is enrolled. The Bar Council has the power to take disciplinary action, which can range from a reprimand to suspension or even removal of the lawyer’s name from the rolls.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the lawyer’s actions involve deceit and an intention to cause wrongful gain for herself or wrongful loss to you, it may constitute a criminal offence. Specifically, Section 318 of the BNS, which deals with cheating, could be applicable. Taking money on the false pretext of filing a case falls squarely under this provision.
• Consumer Protection Act, 2019: Legal services fall under the purview of the Consumer Protection Act. You can file a complaint in the appropriate Consumer Disputes Redressal Commission for “deficiency in service” to seek a refund of your fees and compensation for the harassment and mental agony caused.

If you are the complainant

If you are the client who has been wronged by a lawyer, you must act decisively to protect your interests.

• Formal Termination and Demand: Your first step should be to formally terminate the lawyer’s services in writing. In the same notice, demand the return of your file and a refund. This creates a clear paper trail.
• Complaint to the Bar Council: Draft a detailed complaint outlining the entire sequence of events, attaching all supporting evidence. Submit this complaint to the Disciplinary Committee of the State Bar Council.
• Criminal Complaint: If you believe there was a clear intent to cheat, you can approach the police to file a First Information Report (FIR) under Section 318 of the BNS. Present your evidence clearly to the 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 such misconduct, your priority is to mitigate the damage and seek justice.

• Secure Your Information: Since the lawyer has your signed documents, it is crucial to act fast. The written notice revoking her authority is vital as it can be used as evidence to nullify any action she might take without your consent.
• Document Everything: Create a timeline of all events, conversations, and transactions. This organized documentation will be crucial for any legal action you pursue, whether in the Bar Council, consumer court, or a criminal case.
• Do Not Be Intimidated: The lawyer might try to manipulate or threaten you when you take action. Stand your ground and proceed with the legal remedies available.
• 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

The police’s response can vary. Initially, they might perceive the issue as a civil dispute or a matter of professional misconduct best handled by the Bar Council. They may be reluctant to register an FIR for cheating. However, if you present clear and compelling evidence that demonstrates a fraudulent intention from the outset (e.g., the lawyer never intended to file the case and simply took the money), they are obligated to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita. Under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police are mandated to conduct a preliminary inquiry before registering an FIR in certain cases, but persistence with solid evidence is key.

FAQs people normally have

Can the lawyer misuse the documents I signed?

Yes, there is a risk. A dishonest person could potentially misuse signed documents. This is why it is critical to immediately send a written notice revoking their authority. This notice serves as legal proof that any subsequent use of those documents is unauthorized and fraudulent.

Is there any way I can recover the fee?

Yes. You can claim a refund through multiple channels. You can include the demand for a refund in your complaint to the State Bar Council. Alternatively, you can file a case in the Consumer Court for deficiency of service, which is often a faster route for recovering fees and claiming compensation.

Would it be okay to completely stop responding to her calls/messages now?

It is advisable to stop engaging in informal verbal communication. However, do not block her entirely. You should insist that all future communication must be in writing (email or letter). This ensures you have a record of everything and prevents any verbal manipulation.

What evidence is required?

Strong evidence is the backbone of your case. You should meticulously collect and organize the following:

• Communication Records: Screenshots of all WhatsApp chats, text messages, and a log of phone calls.
• Email Correspondence: All emails exchanged with the lawyer, especially those where you sent documents or she made promises.
• Proof of Payment: Bank transfer statements, UPI transaction details, or a formal receipt if one was issued.
• Documents: Copies of the defective draft petition she prepared and any other documents you provided to her.
• Witnesses: If anyone was privy to your conversations or dealings with the lawyer, their testimony could be valuable.

How long will the investigation take?

The timeline for resolution can vary significantly. Disciplinary proceedings before the State Bar Council are known to be slow and can take several months, sometimes even years, to conclude. A police investigation under the BNS will also have its own timeline, depending on the complexity of the case and the workload of the investigating officers. A case in the Consumer Court is generally expected to be resolved more quickly, often within a year.

Advocate Sudhir Rao, Supreme Court of India