can't we not see our case file ? The lawyer is not showing us our own case file
7 Dec 2009, 06:41
Dear and Respected Bar council Member,
I have a case with a lawyer in chennai and i feel that he is asking us more money delaying the case. we would like to move the case from him to other known friend of mine lawyer .when i asked the first lawyer to give me a copy of the case, he denied saying that as per his rule he will not give case file or copy to any of his clients and if at all he want so to give us the copy we need to pay the full fees amount. i am more worried that he is creating problem instead of helping us and i need help from your council and would like to meet someone from chennai high court to help me in this case.
Sincerely looking forward to hear from your esteemed coucil.
thanks
regards
Unknown.
5 Replies
I can’t believe a lawyer under the ethics rule of any jurisidction can ‘charge’ to let the client have access to the files. If you are unhappy with the service you should ask him for a release and move to another lawyer. He will most likely be entitled to charge you for the work done till the date of termination but I can’t believe the ‘full fees’ - someone can correct me on this point under Indian law.
You should ask him for the files and if he refuses go complain to the bar council/ lawyers’ ethics body in the jurisdiction. Please note that this website is NOT the ‘council’ - it is just a site for general information re the Indian legal market.
You can apply for a certified copy of your file from the Court.
You have every right to ask for your case file, which the lawyer is obliged to give you.
He cannot insist on payment of ‘fees’, let alone ‘full fees’ as a pre-condition for returning the case file to you. By doing so, he will be violating the Advocates’ Ethics as codified by the Bar Council of India.
Please write to him (undre registered acknowledgement due) asking for your case file by a specific date. In case he does not make available the case file to you, please feel free to lodge a complaint with the Bar Council of the State.
If you want to move the file away from him to another lawyer, you have to get a discharge certificate from him before giving Vakalatnama to another lawyer. Even in this regard, your lawyer cannot refuse to give the discharge, citing the non-payment of the fee as a reason. If he has any claim from you towards fee, then he has to take legal recourse to recover the same from you - say by instituting a separate suit etc. So do not get worried, do not be afraid that your lawyer will do something against you etc. etc.
It is your right to see your own case . aNY HOW YOU SAID YOU APPROACHED ANOTHER LAWYER WHAT HE IS DOING?
you ask for noobjection from your old lawyer if he not gives you can give a petition to the judge/ magistrate when your case is called about your intention of not continuing your old lawyer with clear and specific resions.Any how it would be good if a local good lawyer if you prefer,
It does not appeal to me that the Lawyer would not allow his client to see the relevant papers. However, it is advised that you settle his professional fees, if outstanding, and also file a pursees in the Court directly declaring the fact that you have retired him to act as your lawer. You should also endorse one copy to your lawyer. After undergoing this process, you may hire the services of other lawyer.