The article is by no means exhaustive or authoritative but covers most common behaviour of lawyers in Indian courts.
Many new victims of false 498A, false Domestic violence and other false cases pose the following questions to us on a weekly basis.
How to choose a lawyer?
How will I predict his/her behaviour?
How much will the lawyer charge?
Should I trust my lawyer?
Should I allow my lawyer to fight my case?, etc.
We cannot say or predict another person’s behaviour. We do not know what is driving him/her. And, hence, we cannot answer such questions!!!
However, having said the above, from my experience I find the below mentioned points worth considering for your general reference.
Please read and use your discretion when applying the suggestions in this article.
One should look for the following good and bad qualities in a good lawyer:
– Will sit with you and understand your case in person or over the phone
– Look for one who can demonstrate your case and will speak up in the court. Ask around and you are bound to find one in a hundred.
– Search the cause list in courts (if it lists the names of the lawyers against the case numbers) for the lawyer with maximum number of 498A cases
– Ask around in the courts (many times you will get wrong answers if you use this method!)
Remember that you have to meet multiple lawyers to decide to make your final choice.
You have to avoid lawyers with following qualities
– Promises quick solution
– Tells tall tales about previous cases
– Gives you suggestion to use false witnesses
– Suggests that you lie in the court – This will get you in trouble in the form of a perjury case
– Does not meet you to prepare for your upcoming court date and files petitions and applications without consulting you
– Does not answer you phone calls to fix appointments and gives vague excuses like he is busy, had a court date, in a meeting, etc most of the times
– Suggests that you file unnecessary cases. This will only increase number of cases you are fighting and drain you mentally and financially. Every case costs you money
– Implores you to file divorce case
– Gives you tempting suggestion of filing RCR (restitution of conjugal rights). Ask yourself – Can a marriage be put back on its track by a court order?
More good and bad qualities will be added from my experience in weekly meetings……………………….