There was a long standing debate about whether the Advocates can be held liable for the deficiency in services under the Consumer Protection Act. Finally, the Hon’ble Supreme Court of India has answered the question about the Advocate’s responsibility in a case of Bar of Indian Lawyers vs. D.K. Gandhi. The Supreme Court has clarified the boundary between the professional legal services and the Commercial transaction which impacts both clients and the advocates in the country.
The original case was filed by the consumer who had engaged the services of advocate and subsequently, the consumer alleged that advocate appointed by him acted negligent in conducting his case and hence there is deficiency of service.
The question arose before the Court was whether the services provided by the advocates falls within the ambid of ‘services’ as defined in the Consumer Protection Act.
The Hon’ble Supreme Court while deciding this core issue, has distinctly observed that advocate’s professional service is different from that of a simple business or commercial activities. The legal profession is not a trade it requires specialised knowledge and subjective judgment. The legal professionals have duty towards both the Court and the client and holding them liable under the Consumer Protection Act for their opinion given or for the planning, strategy of the case.
If the clients start suing the Advocates for this then the independence of the Advocates would be taken away and that would discourage them form taking challenges in the cases in hand.
The Hon’ble Supreme Court also observed that the legal profession is already under the regulation and the scanner of the Bar Council of India where the consumers/client can raise complaints for misconduct. Therefore, permitting the consumers to file cases against Advocates before the consumer forum would result in misuse of process of law at the hands of consumer.
Ashwin Hawelikar
Managing Partner
Hawelikar & Associates