Complaining About Lawyer

[bagUrE]

Dear All,

Asking for a help...

What if a lawyer is trying to do some injustice regarding a case? Is there a place to complain or is there any procedure to follow or action to take?

Long story short: This is regarding a land partition case started 18 years back. The lawyer involved from our side (plantiff) is purposely dragging the proceedings it seems. We suspect that he is doing this to give some advantage to the other party. We are not that much aware about these things thats why I'm asking you all.

Thanks.

[peugeot407]

You can directly complain to Supreme courts. In writing complaint will be sufficient. But before complaining try to have some concrete evidence against your lawyer because this will be a very serious allegation.

[The Don]

Dear All,

Asking for a help...

What if a lawyer is trying to do some injustice regarding a case? Is there a place to complain or is there any procedure to follow or action to take?

Long story short: This is regarding a land partition case started 18 years back. The lawyer involved from our side (plantiff) is purposely dragging the proceedings it seems. We suspect that he is doing this to give some advantage to the other party. We are not that much aware about these things thats why I'm asking you all.

Thanks.

It is not the supreme court you complain to on the conduct of a lawyer. It is the bar association of Sri Lanka.

But to be brutally honest, the most effective way to deal with this situation is to replace your lawyer with somebody else you trust. In Sri Lanka litigation takes time. The fact the case has dragged might not be the fault of your attorney at all (giving him the benefit of the doubt). But trust is important and if you don't trust your attorney you should replace him. First find a new attorney and get him familiarised with your case before getting rid of your current one.

[Rumesh88]

As The Don said you must replace your attorney. You would not achieve anything by complaining against the current one. But make sure that the current attorney hands over all the documents to the new attorney, for, although they are bound to do so by the ethics of the profession some would simply disregard it. But keep in mind for each land partitioning case the lawyer gets an increment in his annual cash flow for the next 20 to 30 years. Why should he forgo that by expediting the case? The best approach is to settle the partitioning cases between the parties amicably without resorting to court actions.

[The Don]

As The Don said you must replace your attorney. You would not achieve anything by complaining against the current one. But make sure that the current attorney hands over all the documents to the new attorney, for, although they are bound to do so by the ethics of the profession some would simply disregard it. But keep in mind for each land partitioning case the lawyer gets an increment in his annual cash flow for the next 20 to 30 years. Why should he forgo that by expediting the case? The best approach is to settle the partitioning cases between the parties amicably without resorting to court actions.

I second this. It is always better to settle via arbitration rather than dragging matters through Sri Lankan courts.

[kmeeg]

Its pathetic the courts system in SL. My mom is in a labor court case and its dragging for 20+ years. Everytime re-schedules saying other party not attend or a judge changes. I don't see its going anywhere anytime soon. Just spending so much money for lawyers appearing just to hear next hearing date. I think we have paid more than my mom's pending salary and retirement. I wonder if other countries do the same? if the other party does not attend for say 4 or 5 times the judge should take a decision right? I wish our country will someday have good courts system, law and order.

Edited October 8, 2020 by kmeeg

[iRage]

1 hour ago, kmeeg said:

Its pathetic the courts system in SL. My mom is in a labor court case and its dragging for 20+ years. Every time re-schedules saying other party not attend or a judge changes. I don't see its going anywhere anytime soon. Just spending so much money for lawyers appearing just to hear next hearing date. I think we have paid more than my mom's pending salary and retirement. I wonder if other countries do the same? if the other party does not attend for say 4 or 5 times the judge should take a decision right? I wish our country will someday have good courts system, law and order.

Well....even in Japan it can get dragged on...so can the US...but I don't think it would get dragged for 20+ years. On the other hand we had a dispute in East Timor and Indonesia and all parties were told by the lawyers that it would be in the best interest of all parties to not go to courts as we are all going to be stuck in it for a long long time and pretty much pushed in to going in to mediation instead. But yeah...labor courts can get really messy, especially when there are unions involved. So that mixed up with inefficient court systems like in SL means nothing than just delays upon delays.

[kmeeg]

37 minutes ago, iRage said:

But yeah...labor courts can get really messy, especially when there are unions involved. So that mixed up with inefficient court systems like in SL means nothing than just delays upon delays.

Union paid for the expenses for years (I don't know the exact no of years) and later union has informed that we should take over the payments and when the case is done they will re-reimburse the expenses plus she will get her retirement and pending salary.

If the same happened to someone who can't afford the expenses it would be really sad.