Can a lawyer refuse to represent someone in India?
Asked by: Ms. Alva Jaskolski DVM | Last update: January 14, 2026Score: 5/5 (33 votes)
An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during arguments in court.
Can a lawyer decline to represent someone?
If you are wondering if a lawyer can refuse your case, the answer is yes, a lawyer can say “no” to taking on your dispute. Lawyers have the right to choose which cases they want to take on, and which cases they don't.
Can a lawyer deny a client in India?
The answer is NO. A lawyer cannot refuse to take a client unless he/she is engaged in some other case.
What happens if no lawyer will represent you in India?
It is known that a person can represent themself in any court of India but it is subjected to the court's satisfaction. If an individual does not possess sufficient means or is confined or imprisoned then a lawyer is provided by the state who shall represent the party in any court proceeding.
How to give power of attorney to someone in India from India?
- Power of Attorney needs to be signed and witnessed by two individuals (other than immediate family members) with their names and addresses clearly mentioned. ...
- Witnesses' signatures have to be duly notarized. ...
- POA needs to be submitted in two sets – original for attestation and one photocopy for office record.
Please do not make this mistake after hiring your lawyer
Can I give power of attorney from USA to India?
A Power of Attorney is a legal document that lets someone (the “agent” or “attorney-in-fact”) act on behalf of another person (the “principal”) in specific matters. If you want someone to manage your property, handle finances, or represent you in legal matters, a POA from USA to India allows them to do so.
Who can override a power of attorney in India?
The person who assigns power of attorney is known as the principal, and the person to whom the principal gives POA is the agent. The principal — that is, the person who assigned POA to someone (an agent) on their behalf — can revoke it.
Can I fight my case without a lawyer in India?
Section 32 of the Advocate's Act empowers you, the citizen, to appear before the court even if you're not an advocate. This means you can draft and submit your own petition, argue your case, and represent yourself throughout the legal proceedings. It's your right, granted by the law, to fight for your own justice.
Can we cancel Power of Attorney in India?
Breach of Contract
The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.
Can a foreign lawyer fight a case in India?
Foreign lawyers and firms can now register in India but with specific restrictions. Their practice is limited to international law advisory and transactional work. They cannot represent clients in Indian courts, handle litigation, or advise on Indian law.
Can a lawyer from another state represent you in India?
YES, lawyer enrolled in one state can represent the cases in different state. (iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.
Can a lawyer turn against their client?
The law is clear that a lawyer cannot turn against their client, and any violation of this guideline can invite a stringent investigation from legal authorities. Accusations of treachery are taken seriously and may warrant criminal prosecution to ensure justice is served fairly.
Can I sue my lawyer in India?
The Supreme Court, in a judgment on May 14, declared that advocates cannot be sued by their clients under the Consumer Protection Act for deficiency of service. A Bench of Justices Bela M.
Can my lawyer drop me without telling me?
If a lawyer and client cannot work together effectively, it can be difficult to achieve a positive outcome. In this case, the lawyer must notify the client of their intention to withdraw and provide reasonable notice to allow the client to find a new lawyer.
Can you sue an attorney for not representing you?
The general rule is simple: Non-clients generally cannot sue lawyers who did not represent them. This standard, called the privity rule, finds its footing in the definition of legal malpractice. To hold an attorney accountable, the plaintiff must prove three basic elements: A legal duty (including privity)
What factors might cause a lawyer to decline representation?
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
How many days Power of Attorney is valid in India?
A General Power of Attorney (GPA) is a document that gives the agent the power to do anything on behalf of the principal. This includes buying or selling property, operating bank accounts, and signing legal documents. A GPA is valid until the principal revokes it or until their death.
Can you sell a house with Power of Attorney in India?
Yes, a notarized power of attorney is valid in India. However, for certain transactions, such as those involving immovable property, it is advisable to have the power of attorney registered with the appropriate sub-registrar to ensure its legality and enforceability.
What are the limitations of Power of Attorney in India?
The POA cannot act outside of the Principal's best interest. The POA cannot make decisions before the document comes into effect -- conditions will be outlined with approval of the Agent and Principal. The POA cannot be officially nominated unless the Principal is of sound body and mind.
Can a lawyer sue you for non payment in India?
Balram Prasad Sharma[3] the Supreme Court ruled that an advocate has the right to sue his client for his fees, if not paid, like any other professional.
Can I change my lawyer in India?
Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.
Are lawyers allowed to refuse a case?
DO LAWYERS HAVE TO ACCEPT EVERY CASE? No. In fact, in some situations, lawyers cannot accept a case or agree to represent a certain client. Various laws and ethics rules govern the cases (and clients) a lawyer can–and cannot–accept.
What three decisions cannot be made by a legal power of attorney?
- Write a will for them, nor can you edit their current will.
- Take money directly from their bank accounts.
- Make decisions after the person you are representing dies.
- Give away your role as agent in the power of attorney.
How to withdraw power of attorney in India?
- Prepare a Revocation Deed: Start by writing a Revocation Deed. ...
- Gather Supporting Documents: You might need more documents, like the original POA, your ID, and other important papers.
Is power of attorney more powerful than spouse?
In California, a person can appoint anyone as their agent through a POA, including a spouse, friend, or attorney. However, issues can arise when the decisions made by the POA conflict with the wishes of the spouse.