Professional Services • Selection, Fees & Accountability
Lawyer Ethics, Professionalism & Fees, Clearly Explained
Advocates Act • Bar Council Rules • Client Responsibilities
A practical guide to choosing counsel, changing lawyers, confidentiality, Vakalatnama, fee arrangements, professional complaints and legal aid.
Search results update as you type • 15 questions available
Questions 1–15
Working professionally with an advocate
1How to choose a good lawyer?
A good lawyer is one who has deep knowledge of the subject, who listens to you carefully, and who tells you honestly about the process. You can find out about his reputation from other lawyers or past clients.
2Can I change my lawyer midway?
A client may change counsel, subject to court procedure and settlement of file and fee issues. A no-objection endorsement is commonly requested in practice, but if it is withheld the client may apply to the court or follow the applicable Bar and filing rules. Obtain the complete file, receipts and a written handover.
3My lawyer did not come to the court, what will happen?
If your lawyer skips the date without notice, the court may give you a new date or ask you to appoint another lawyer. The court may get angry if this happens again and again.
4Can I give instructions to my lawyer over the phone?
Yes, the accused in jail can give instructions to their lawyer by calling them (at the scheduled time of the jail). But for confidential matters it is better to meet a lawyer.
5Should I hire a lawyer before FIR is registered against me?
Early advice can be useful when there is a specific and reasonable apprehension of accusation or arrest. Pre-FIR anticipatory bail may be considered in an appropriate case, but it is not automatic and cannot be obtained on a vague fear alone. A lawyer should first assess the complaint, notices and likely jurisdiction.
6What are the qualities a good criminal lawyer should have?
Important qualities include legal knowledge, independence, honesty, confidentiality, preparation, clear drafting and advocacy, realistic advice, responsiveness and familiarity with the relevant court procedure. Improper influence or claimed personal access to judges or police is not a professional qualification and should be treated as a warning sign.
7What should I look for when hiring a lawyer?
You should find out about the lawyer's experience, expertise (civil or criminal), and his reputation. The most important thing is that you can talk openly and honestly with him.
8What is “Vakalatnama”?
This is a legal document that you sign when you give a lawyer the authority to represent you in court.
9How are lawyer's fees determined?
Fees depend on the lawyer's experience, complexity of the case, and time taken. Fees may be per hearing, lump-sum, or stage-wise. It is better to clearly discuss the fees at the beginning.
10Can I complain against my lawyer?
Yes, if you feel that your lawyer has committed professional misconduct with you (like taking money and not doing the work, or meeting the opposite party), you can complain to the State Bar Council.
11Should I tell my lawyer everything truthfully about the case?
Yes. Give your advocate a complete and truthful account, including facts that appear unfavourable. Accurate instructions allow counsel to assess privilege, evidence, risks and lawful strategy. Do not ask a lawyer to conceal, fabricate or destroy evidence.
12What is the role of a "Munshi" or lawyer's clerk?
Clerks are assistants to lawyers. They help in preparing files, keeping records of dates, and other administrative tasks. Their role is very important in the courts of cities like Varanasi and Prayagraj.
13I am poor and cannot afford lawyer's fees, how will I get legal help?
Every district has a "District Legal Services Authority" (DLSA) which provides free legal aid (free lawyers) to women, children, SC/ST members, and people below a certain income.
14Can I hire a lawyer only for 'Drafting' my petition in Varanasi?
Yes, you can pay a lawyer specifically for their drafting skills without having them represent you in court.
15Can a lawyer guarantee a 'win' in a criminal case in Varanasi?
No, promising a win is considered unethical. A lawyer can only promise to put forward the best possible legal defense.
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