LIABILITY OF THE LEGAL PRACTITIONERS FOR MALPRACTICE BY NIMESH ROHILLA AT LEXCLIQ

A lawyer has a duty, in all dealings and relations with a client, to act with honesty, Good Faith, fairness, integrity, and fidelity.what happens if these The Advocates Act, 1961 and Bar Councils Act, 1926 lay down the professional ethics that need to be followed by lawyers

Well sometimes everything that is planned does not go according to the plan. Many time lawyers end up making mistakes and these mistakes can end up they get sued for malpractice. There is an attorney client privilege that needs to be followed by every lawyer in India. Whenever any lawyer does any such illegal act and causes har. To the client because of the fault of the lawyer. And such an act was illegal, unethical and sometimes even criminal in nature and can get sued for malpractice.

 

 

Grounds For Suing A LAWYER FOR MALPRACTICE.

 

The attorney’s conduct was negligent

The attorney was in breach of a contract

Breach of attorney-client privilege.

 

There can be many other illegal act that a lawyer can perform and many lawyer does these acts for their own benefit.

 

If you are bringing a legal malpractice claim based on your attorney’s negligence, you need to show. In India there are very few cases where lawyers get sued for malpractice and these cultures are running very widely in many states of foreign countries.

 

Suing a lawyer for malpractice is hard because you need to gather evidence to prove of such conditions like:

 

Your lawyer had a duty to represent you competently.

Your lawyer made a mistake or otherwise acted in a way that breached their duty to you.

Their actions caused harm to you and you lost money as a result.

 

 

 

Before You Sue, Look for Other Alternatives

You should consider other alternatives before you sue your attorney. This is because winning an attorney malpractice claim is both very hard and costly. Some of the options you may want to consider before suing your attorney include:

 

Reporting the lawyer to the state’s disciplinary board as in the case of India Bar council of India performs that function and if any lawyer is found guilty of such conduct the matter shall be decided by the committee of the BCI. And after proper investigation into the matter if they find that the lawyer is guilty then the licence of that advocate gets terminated.

 

Getting a new lawyer if your damage is not severe. Well another alternative is best that if you have any doubt you better change your lawyer before any damage is caused.

 

Culture of suing lawyer is not prevalent :-

A culture of suing lawyers is not prevalent,” as we talk about India, says the general counsel of a large Indian bank about what clients can do if lawyers advise them badly. A partner at a large Indian law firm puts it more bluntly: “No one has ever sued a lawyer (for malpractice in India).”

 

Nevertheless, in recent years mostly in Mumbai, larger Indian law firms have in recent years begun taking malpractice insurance cover for tens of millions of dollars,and many law firms are starting to accept that culture but it is because of the foregin governing grounds following mild pressure from foreign clients. That is work The insurance companies have been happy to oblige with products to fill the niche.

 

 

Conclusion:-

 

It shall be noted that the institutions providing legal education often neglect the concept of ethical lawyering. Therefore, it is argued that in order to produce good ethical lawyers who would serve the interest of the country, it can only be possible if institutions providing legal education educate the young lawyers to be ethical. And we must also need to find some ways to deal with such problems because in India many lawyers in India harass clients for their own good. Well we must have to understand as lawyers harming the client and using their vulnerability is highly unethical because of the Illiteracy of people.

Thank yojr for reading

WRITTEN BY:

NIMESH ROHILLA

Leave a Reply

Articles

Via keto capsules avis forum (Official France 2022) Avis et Ingrédients

Les capsules Via Keto sont fabriquées sans gluten cétones pour déplacer le changement, consommer les graisses et les tuer rapidement. Vous pouvez vous mettre en forme sans vous entraîner et avoir faim après avoir consommé cette chose régulièrement. D’une manière ou d’une autre, nous vous encourageons à vous concentrer tout seul et à rester mince et […]

Read More
quickbooks file doctor download
Articles Latest Updates LexCliq Services

A Straightforward and Practical Guide to QuickBooks File Doctor

QuickBooks is a fantastic accounting program that controls all business operations, including keeping track of costs, generating invoices, and filing taxes. All of these actions are taken to increase the productivity of the entire company. Like all software, this powerful software occasionally experiences technical issues that could reduce productivity. Therefore, QuickBooks has learned about the […]

Read More
Articles

Via Keto Capsules (Avantages et Inconvénients) Est-ce une arnaque ou une confiance?

Via Keto Capsules soulage précisément vos problèmes cardiaques et vous aimez ne pas avoir de problèmes de poids pour votre mode de vie avec une aide illimitée. Vous pouvez regarder l’arrêt de votre émission autant que vous le pouvez, car cette chose vous donne une persistance vraiment surprenante et renforce votre puissance tout en acquérant […]

Read More