CUTS – COMMISSIONS AND THE LEGAL PROFESSION

The famed Swedish Chemist and Innovator Alfred Nobel had said “Lawyers have to make a living, and can only do so by inducing people to believe that a straight line is crooked”.

If you think kick-backs and commissions are a way of life for only politicians and bureaucrats, hold your breath…..

Last week a lawyer referred to me one of his clients. The following day I got a call from that otherwise very religious minded lawyer stating that while billing that client I should charge 30% extra which would be that lawyer’s cut. He said that  it was now a normal practice.

I immediately returned the client and the file back to the sender!

I was tempted to report this unethical and obnoxious behaviour to the Bar Council of Maharashtra and Goa. But then I realized that I need to have at least a handful of friends so that someone is around to carry my mortal remains on that Final Voyage!

Ethics

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4 thoughts on “CUTS – COMMISSIONS AND THE LEGAL PROFESSION

  1. Very true Aires baab, We need to do something to break the backbone of the corrupt system around us. I see you as senapati in this battle. B’coz you & only you shown the guts to tear the burkhas of The Corrupt Masters. Kudos !

  2. OMG Adv.Aires Rodrigues, you have hit the nail of the head!

    I have found less than a handful of honest lawyers in Goa. I can count yourself, my current lawyer in Panjim, another Notary/Lawyer and a lawyer in Mapuca to be truly honest and this baffles me. It appears that there are more dishonest lawyers than honest lawyers in Goa! And I personally believe that the standards of legal practice in Goa/India are below the international standards. For example, in Canada, my work involved directly dealing with a lot of lawyers in Canada, including labour lawyers, divorce lawyers, real estate lawyers, etc. and the honesty with which I found them dealing is unbelievable compared to what I am currently seeing happening in Goa.

    For example, one lawyer in Mapuca who “was a friend” and related through my ex-wife took money from me since he wanted to complete his home renovation. Before that, I had sent him some money to arrange to pay for some masses for my deceased parents and to arrange clearing of my property. Later when I asked him for an account, he flatly denied (in an official legalized language letter) that he took the money from me for renovation and also affirmed that he had given a full account of the deposit that I had sent him. Now this same lawyer had recommended an architect to me to do my land conversion matters etc. and this architect took lakhs of rupees from me just to arrange conversion and construction license, but, did not complete the work. I had therefore to come down to Goa from Canada to complete the work.

    It was then I realized the m.o. of this lawyer who first of all, did not adequately do the Inventory Proceedings and for which I had a problem to sell my property and also he uses this architect on regular basis even though he knows the latter takes lakhs of rupees just to do conversion and ancillary jobs, but, does not complete the same. To add insult to injury, this same lawyer provided a sworn affidavit that he knows the architect and is an honest person. Now let the reader conclude on the honesty of this lawyer.

    I have also heard of another lawyer who charges a fee of at least Rs.one lakh to attend one day in court in a criminal case and gets the judge to throw out the case base on a technical ground.

    This is how serious the legal (im)profession has come down to in Goa. The above cases are what has come to my attention directly. Can you imagine the hundreds of cases that are passing through the legal system with rampant lawyers’ corruption and nobody paying any attention to the same?

    We have been hearing about lots of political and bureaucratic corruption in Goa. Now that the legal system is rampant with corrupt lawyers, where does one have salvation? I therefore reiterate that only God can save Goa.

  3. OMG Adv.Aires Rodrigues, you have hit the nail on the head!

    I have found less than a handful of honest lawyers in Goa. I can count Adv. Aires Rodrigues, my current lawyer in Panjim, another Notary/Lawyer and a lawyer in Mapuca to be truly honest and this baffles me. It appears that there are more dishonest lawyers than honest lawyers in Goa! And I personally believe that the standards of legal practice in Goa/India are below the international standards. For example, when I was in Canada, my work involved directly dealing with a lot of lawyers in Canada, including labour lawyers, divorce lawyers, real estate lawyers, etc. and the honesty with which I found them dealing is of a very high standard and unbelievable compared to what I am currently seeing happening in Goa.

    For example, one lawyer in Mapuca who “was a friend” and related through my ex-wife took money from me when I originally stayed with him, since he wanted to complete his home renovation. Before that, I had sent him some money to arrange to pay for some masses for my deceased parents and to arrange clearing of my property. Later, when I asked him for an account, he flatly denied (in an official registered legalized language letter) that he ever took the money from me for renovation and also affirmed that he had given a full account of the deposit that I had sent him. He further threatened to sue me for having stayed with him, even though I had paid him and his family with gifts, etc. Now this same lawyer had recommended an architect to me to do my land conversion matters etc. and this architect took lakhs of rupees from me just to arrange conversion and construction license, but, did not complete the work. I had therefore to come down to Goa from Canada to complete the work.

    It was then I realized the m.o. of this lawyer who first of all, did not adequately do the Inventory Proceedings and for which I had a problem to sell my property and also he uses this architect on regular basis even though he knows the latter takes lakhs of rupees just to do conversion and ancillary jobs, but, does not complete the same. In fact, this architect has provided a sworn affidavit that he bribes government “agents” to get the mutation and conversion work done – which in any legal world means aiding and abetting in a crime of bribery which is a felony. To add insult to injury, this same lawyer provided a sworn affidavit that he knows the architect well and is an honest person. Now let the reader can conclude on the honesty of this lawyer.

    I have also heard of another lawyer who charges a fee of at least Rs.One Lakh to attend one day in court in a criminal case and gets the judge to throw out the case base on a technical ground.

    This is how serious the legal (im)profession has come down to in Goa. The above cases are what has come to my attention directly. Can you imagine the hundreds of cases that are passing through the legal system with rampant lawyers’ corruption and nobody paying any attention to the same?

    We have been hearing about lots of political and bureaucratic corruption in Goa. Now that the legal system is rampant with corrupt lawyers, where does one have salvation? I therefore reiterate that only God can save Goa and the rampant corruption which is systemic in the country.

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