How to file a complaint against a lawyer?
To file a complaint against a lawyer in India, you can follow the steps outlined below:
Initiate Communication :
Start by reaching out to the lawyer and explaining your concerns or dissatisfaction with their services. It’s possible that miscommunication or a simple misunderstanding could resolve the issue at this stage.
Approach the Bar Council :
If direct communication does not yield satisfactory results, the next step is to approach the Bar Council. The Bar Council of India (BCI) and State Bar Councils are regulatory bodies responsible for overseeing the conduct of lawyers. You can file your complaint with the relevant State Bar Council where the lawyer is registered.
Draft a Complaint :
Prepare a written complaint detailing the facts, issues, and grounds for your dissatisfaction or grievance against the lawyer. Be clear and concise while explaining the events surrounding your case. You should attach relevant documents supporting your claims.
Submission to the Bar Council :
Submit your complaint along with the necessary supporting documents to the Bar Council. Ensure that you also provide your contact details and any other relevant information requested by the council.
Investigation and Proceedings :
The Bar Council will review your complaint and initiate an inquiry into the matter. They may ask for additional information or documents from you if needed. The lawyer against whom the complaint has been filed will also be given an opportunity to respond.
Legal Ethics Committee Hearing :
If the complaint is found to have merit, it will be referred to the Legal Ethics Committee of the respective Bar Council. The committee will conduct a hearing to examine the allegations, and both parties will have a chance to present their case.
Decision and Possible Action :
Following the hearing, the committee will decide on the appropriate action to be taken against the lawyer. This can range from issuing a warning or reprimand to suspending the lawyer’s license to practice, depending on the severity of the misconduct.
It’s important to note that the jurisdiction and procedures may vary slightly depending on the State Bar Council involved. The Advocates Act, 1961 regulates the profession of advocates in India, and the disciplinary measures are outlined in the Bar Council of India Rules.
It is advisable to consult the respective State Bar Council’s website or a legal professional for specific information related to your complaint procedure.
