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

Mr. Alok Verma, a resident of the city of Prayagraj, found himself in a distressing situation. He had engaged the services of Advocate Rohan Kapoor for a critical property dispute case. Initially, Mr. Kapoor seemed competent, but as the case progressed, he began missing crucial hearing dates, failed to file important documents on time, and often misrepresented the status of the case to Mr. Verma. Frustrated by the lack of progress and continuous excuses, Mr. Verma decided to hire a new advocate. Upon discovering this, and after months of silence, Advocate Kapoor sent a legal notice to Mr. Verma, falsely claiming non-payment of professional fees. Mr. Verma, armed with evidence of professional negligence, filed a formal complaint with the State Bar Council. However, during the first hearing, he felt the Disciplinary Committee was dismissive of his complaint, granting an adjournment on the lawyer’s plea of a medical emergency without allowing Mr. Verma to present his side. This left him feeling helpless, as if the system was designed to protect its own, making him question if pursuing the complaint was a futile exercise.

Advice in such cases

Encountering professional misconduct from a lawyer can be disheartening, as it is a breach of trust. However, there are specific legal channels to address such grievances.

• Gather all evidence meticulously. This includes fee receipts, communication records (emails, messages), court documents, and a timeline of events.
• Do not engage in informal or verbal altercations with the lawyer. Keep all communication formal and documented.
• If the lawyer has misappropriated funds or committed a criminal act like forgery, you can file a police complaint in addition to approaching the Bar Council.
• **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

The primary legal framework governing the conduct of advocates in India is:

• The Advocates Act, 1961: Section 35 of this Act empowers the State Bar Council to take disciplinary action against an advocate for professional or other misconduct. The Disciplinary Committee can reprimand the advocate, suspend them from practice, or remove their name from the state roll of advocates.
• Bar Council of India Rules: These rules outline the standards of professional conduct and etiquette to be observed by advocates. A breach of these rules constitutes professional misconduct.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the lawyer’s actions involve criminal elements, certain provisions of the BNS may apply. For instance, if there is a clear case of cheating for financial gain, Section 318 of the BNS could be invoked.

If you are the complainant

As the person filing the complaint against the advocate, you must be prepared and systematic.

• Draft a detailed complaint with a clear chronology of events, supported by documentary evidence. The complaint should be filed with the State Bar Council where the advocate is enrolled.
• Ensure the complaint is in the prescribed format, accompanied by an affidavit and the required fee.
• Be patient, as disciplinary proceedings can take time. Attend all hearings of the Disciplinary Committee and present your case clearly and concisely.
• If you are not satisfied with the order of the State Bar Council’s Disciplinary Committee, you have the right to appeal to the Bar Council of India.
• **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

Being a victim of your own lawyer’s negligence is a betrayal of professional trust. Your primary goal is to seek accountability and mitigate the damage caused.

• Focus on the legal remedies available through the Bar Council, which is the designated body for such complaints.
• If the lawyer has sent a false notice for fees, respond to it promptly through a new lawyer, refuting the claims with proof of payments made.
• While the process might seem biased or slow, persistence is key. The Bar Council is obligated to follow due process, and a well-supported complaint cannot be ignored indefinitely.
• **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 generally do not intervene in matters of professional negligence by a lawyer, as it is considered the exclusive domain of the Bar Council. They will direct you to file a complaint with the appropriate State Bar Council. However, if your complaint involves a cognizable criminal offense like fraud, criminal breach of trust (misappropriation of funds), or forgery, the police are obligated to register a First Information Report (FIR) under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Even then, they may be cautious and conduct a preliminary inquiry before proceeding, given the accused is a legal professional.

FAQs people normally have

• Is complaining to the Bar Council effective?
  Yes, it is the designated legal remedy. While it can be a slow process, a complaint with strong evidence can lead to disciplinary action, including suspension or debarment of the lawyer.
• Can I get my fees refunded?
  The Disciplinary Committee can, in some cases, direct the advocate to refund the fees or compensate the client for the loss caused. You can also file a separate complaint in the Consumer Dispute Redressal Forum for deficiency of service to claim a refund and compensation.
• What if the Bar Council seems biased?
  It is a common perception. However, you must trust the process. Present your case with strong evidence. If you receive an unfavorable order from the State Bar Council’s Disciplinary Committee, you have the right to appeal to the Bar Council of India, and subsequently, to the Supreme Court of India.

What evidence is required?

Strong documentary evidence is the backbone of a successful complaint. You should collect:

• A copy of the Vakalatnama you signed.
• All receipts or bank transaction records for fees paid.
• Copies of all communication with the lawyer (emails, letters, WhatsApp messages).
• Certified copies of court orders where the lawyer failed to appear or where adverse orders were passed due to his negligence.
• Any other document that proves the lawyer’s misconduct or negligence.

How long will the investigation take?

The timeline for proceedings before the Disciplinary Committee of the Bar Council is not fixed. As per the Advocates Act, 1961, the committee is expected to dispose of the complaint within one year. However, due to adjournments and procedural delays, it can often take longer. If the State Bar Council does not conclude the proceedings within one year, the case is transferred to the Bar Council of India for disposal.

Advocate Sudhir Rao, Supreme Court of India