We, the MyNation Hope Foundation, A Registered NGO over 20 years offering FREE legal assistance to more than 13,000+ families.
While most of the proposed amendments primarily focus on the Bar Council and advocate practices, there seems to be a lack of provisions aimed at addressing the challenges faced by litigants who are often mistreated by lawyers. Administrative reforms could be implemented without the need for elaborate announcements, unless the Government of India is genuinely committed to resolving the issues faced by the general public, particularly those suffering from exploitation by lawyers.
We respectfully request that you review our petition and assist us in stopping the harassment of innocent individuals and the excessive fees charged by lawyers.
1) Regulate Legal Fees:
We urge the regulation of legal fees to prevent exploitation, particularly in cases related to pro bono work, consumer rights, and access to justice.
2) Introduce Standardized Payment Protocols:
Introduce a minimum standard of payment and require lawyers to provide written acknowledgment of payments and agreed-upon tasks. Many lawyers, after receiving payment, fail to attend court hearings or offer services, and when clients question them, they are advised to seek a new lawyer. This practice needs to be addressed for the sake of fairness and accountability.
3) Complaint to Bar Council:
Complaints to the Bar Council should be free of charge. Currently, a fee of Rs. 3000 is charged for filing any complaint, along with the requirement to submit multiple copies of the complaint. Any fees should only be paid by the lawyer or advocate if they are found guilty.
4) Lawyers Legal Fees and Service:
Lawyer Fees should be subject to Income Tax regulations. Additionally, financial incentives or tax breaks should be provided for advocates who offer a portion of their services for free.
The lawyer should sign the Terms of Service (TOS) when receiving the Vakalathnama. The TOS should clearly outline the fees, services offered, and the lawyer’s responsibilities, including attending all court dates, drafting petitions, IAs, memos, pleadings, and handling all aspects of the case until its conclusion, including providing the final copy of the judgment/order. While many lawyers prefer a one-time payment, it’s important to offer clients the option to pay in two or three installments, as many may not be able to pay the full amount upfront. Additionally, some lawyers drag out cases and demand payment for each court appearance; this practice should be discontinued.
5) Complaint against Lawyer:
There should be a comprehensive list of lawyers available online through the district or state-level Bar Council websites, and the option to file complaints against such lawyers should also be made available online for public access.
6) Non-graduate Juris:
Non-graduates should be allowed to practice law either under the mentorship of a qualified lawyer or individually. Many self-taught individuals and legal experts who have gained extensive knowledge by working in law firms or as social workers are often far more competent than some law degree holders. This could be modeled after the Legal Practice Course (LPC) or Bar Professional Training Course (BPTC) in the UK, and similar provisions in the USA, New Zealand, and Australia. This reform would also help in eliminating the issue of fake lawyers.
Finally, there should be no reservations based on gender within the Bar Council.
I hope government and judiciary start working honestly and incorporate above points into day to day court business for transparency and justice to innocent people. Loss of pay, loss of respect, peace from life goes away when someone is trapped with a bad lawyer.
Some advocates extorts from clients who have lack of court proceedings, already they are trauma in family disputes, that’s what the comes to court for justice, but advocates abuse the claints particularly those who are comes to court date far away from their native, they don’t know much about other than his/her advocate, but the councel abuses from this innocent claints