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

Mr. Alok Verma, a resident of the city of Anandpur, found himself in a frustrating situation. After a prolonged legal battle lasting nearly four years, he had finally secured a High Court order for the recovery of possession of his ancestral property from a tenant who had refused to vacate. An execution petition was also filed to enforce this order. However, progress came to a screeching halt.

His lawyer, Mr. Khanna, was supposed to file a contempt of court application against the tenant for non-compliance over a month ago. Every time Mr. Verma inquired about the delay, he was met with vague responses like, “these things take time in the court system,” or “I will handle it, you don’t need to worry.” Mr. Verma, who diligently tracked his case status online, knew that no such application had been filed. The delay was not due to the court process but was on the lawyer’s end. When confronted with this fact, the lawyer gave an excuse about a sudden family illness. The lack of transparency and accountability was deeply unsettling for Mr. Verma, who felt helpless and trapped in a system where his own representative was becoming an obstacle.

Advice in such cases

Facing unprofessionalism or delays from your legal counsel can be distressing. Here is some advice on how to handle such a situation effectively:

• Maintain Clear Communication: Always communicate with your lawyer in writing, preferably through email, in addition to phone calls. This creates a record of your instructions and their responses (or lack thereof).
• Request a Clear Timeline: Ask your lawyer for a clear, step-by-step timeline for the upcoming legal procedures. While court dates are not in their control, filing dates and procedural deadlines are.
• Seek a Status Report: Formally request a detailed written status report on your case, including actions taken and planned next steps. This often prompts a lawyer to act or provide a concrete explanation for any delays.
• 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 feel your current lawyer is not serving your best interests, getting a second opinion from another advocate is a prudent step.
• Consider Changing Counsel: If communication breaks down completely or you lose faith in your lawyer’s competence or diligence, you have the right to change your advocate. You will need to obtain a No Objection Certificate (NOC) from your current lawyer to do so.

Applicable Sections of Law

The relationship between a client and a lawyer is governed by professional ethics and statutory laws. If you face issues, the following legal frameworks are relevant:

• The Advocates Act, 1961: This Act governs the legal profession in India. Section 35 of the Act empowers the State Bar Council to take disciplinary action against advocates for professional misconduct.
• Bar Council of India Rules: These rules outline the standards of professional conduct and etiquette for advocates. A lawyer has a duty to act in the best interests of their client, to be diligent, and to communicate effectively. Gross negligence or dereliction of duty is a violation of these rules.
• The Consumer Protection Act, 2019: Legal services fall under the definition of ‘service’ under this Act. If a lawyer’s service is deficient (e.g., causing undue delays, negligence), you can file a complaint before the appropriate Consumer Disputes Redressal Commission for compensation.
• Bharatiya Nyaya Sanhita, 2023 (BNS): In cases where the lawyer’s conduct involves criminal intent, such as misappropriation of funds or deliberate deception for wrongful gain, provisions like Section 316 of the BNS (Cheating) could potentially be invoked, though this is rare and requires a high standard of proof.

If you are the complainant

If you decide to take action against your lawyer for professional misconduct, here are the steps to follow:

• Gather All Documentation: Collect all records, including the fee agreement, receipts, email and text message correspondence, and printouts of the online case status.
• Send a Formal Communication: Write a formal letter or email to your lawyer outlining your grievances, the specific delays, and the lack of communication. State clearly what action you expect them to take and by when.
• File a Complaint with the Bar Council: If the issue is not resolved, you can file a formal complaint against the advocate with the State Bar Council where the lawyer is enrolled. The complaint must be in the form of a petition, duly signed and supported by an affidavit and all relevant evidence.
• 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. It is advisable to hire another lawyer to guide you through the process of filing a complaint against your previous counsel.

If you are the victim

As a victim of such circumstances, your priority is to protect your interests in the original legal case. Here’s what to focus on:

• Prioritize Your Case: Your primary goal is to get your main legal matter back on track. The complaint against the lawyer is a separate issue.
• Engage a New Lawyer: Immediately start the process of finding and engaging a new, competent lawyer. Be transparent with them about the past issues. They will need a No Objection Certificate (NOC) or an order from the court to take over your case file (Vakalatnama).
• Assess the Damage: Ask your new lawyer to assess if the delay caused by the previous counsel has legally harmed your case (e.g., missed a limitation period, weakened your position).
• Ensure Smooth Transition: Work with your new lawyer to retrieve the complete case file from your former advocate. If they refuse, your new lawyer can file an application in court to get the file released.
• 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

In most situations involving a lawyer’s delay or negligence, the police have a limited role. This is primarily considered a civil dispute or a matter of professional misconduct, not a criminal offence. If you approach the police, they will likely advise you to file a complaint with the State Bar Council or to approach a civil/consumer court. Police intervention would only be warranted if there is clear evidence of a cognizable criminal offence like fraud, cheating under Section 316 of the BNS, or criminal breach of trust.

FAQs people normally have

Can I get my fees back from the lawyer?
Yes, you can. If you have paid fees for services that were not rendered or were rendered negligently, you can request a refund. If the lawyer refuses, you can file a complaint in the Consumer Court for a refund and compensation, or file a civil suit for recovery.

How do I change my lawyer mid-case?
You have the absolute right to change your lawyer. You need to ask your current lawyer for a “No Objection Certificate” (NOC). If they refuse, your new lawyer can file an application in court, and the court will typically allow the change.

What if my lawyer refuses to return my case files?
A lawyer cannot hold your files hostage, even over a fee dispute. Refusing to return case files amounts to professional misconduct. You can file a complaint with the Bar Council, and your new lawyer can also seek the court’s intervention to have the files returned.

What evidence is required?

To build a strong case against a lawyer for misconduct or deficiency of service, you will need solid evidence. This includes:

• The Vakalatnama or agreement that establishes the client-advocate relationship.
• Receipts or bank statements showing payment of fees.
• All written communication, such as emails, letters, or messages (WhatsApp/SMS).
• Copies of court orders and the online case status history that shows a lack of progress or missed filings.
• A sworn affidavit detailing the sequence of events, your instructions, and the lawyer’s inaction or negligence.

How long will the investigation take?

The timeline for resolving such a complaint can vary significantly. A complaint filed with the State Bar Council is referred to its Disciplinary Committee. The process involves issuing notice to the advocate, filing of replies, evidence, and hearings. This can be a lengthy process, often taking anywhere from several months to a few years to reach a final decision. A case in the Consumer Court may proceed faster, typically within a year or two.

Advocate Sudhir Rao, Supreme Court of India