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Safeguards against Doctors and Lawyers

By: Miai | Posted Feb 09, 2009 | General | 665 Views | (Updated Feb 09, 2009 12:45 PM)

Consumers are often disillusioned with services received from doctors and lawyers. Not without reason. Here are a few pointers when dealing with doctors and lawyers.


Settle the fees in advance, preferably in writing, especially in the case of lawyers.


Doctors will charge a consultation fee which you should find out in advance then decide if he is worth consulting. If he is going to do in house tests such as ECG / BP etc, he may charge you extra. Find out in advance. If he is going to do any surgical procedure on you, find out the total break up of charges in advance. Do not feel hesitant to ask if the surgery is absolutely essential and what the alternate remedies are. Remember that you are paying the bills, not the doctor. Doctors often behave patronisingly when queried by their patients. The truth is that often they recommend unnecessary surgical procedures and expensive tests merely to enhance their own earnings. Always research on the internet, clear all doubts with the doctor and if necessary, seek an opinion from another doctor.


Lawyers will have many hidden charges. Ensure that you are never charged per "date" - this means that the lawyer will charge you per date irrespective of whether the court is sitting or not, whether there is adjournment or hearing, and more often than not the lawyer will himself take adjournment just to charge his per 'date' fees. Make sure that the charges are per "appearance with effective hearing" i.e. not appearance to take adjournment or to agree to adjournment by the opposite side, or merely to submit documents, but appearance with argument. If the lawyer charges "reading fees", make sure he has read all your papers. If he asks any questions that show that he has not bothered to "read", point it out to him and refuse to pay or ask for reduction in 'reading fees'.


Before signing any pleadings that your lawyer has prepared for you, make sure you read it fully and understand it. If you do not understand it, ask the lawyer to explain it to you thoroughly, and if needs be to re draft the pleadings in simpler language. Make sure the facts stated are correct. If they are not correct, insist that your lawyer corrects the pleadings. After all it is you, not he, who will sign it on oath by affirmation / verification, and you are statutorily obliged to state the truth else it can be construed as Perjury which is a criminal offence. It is no excuse to say later that your lawyer drafted the pleadings and you just signed blindly.


When you approach your lawyer to file any case on your behalf, discuss it thoroughly with all the facts and ask exactly what the options are, and how strong a case you can make out. Always check limitation period first. Unscrupulous lawyers will encourage you to file a case even when it is time barred.


If your lawyer suggests filing of any 'revision' / 'quashing' proceedings, ask him to first give you the case law on the subject [which you should read], as there are very limited grounds for courts to entertain such proceedings, and very often unscrupulous lawyers knowing very well that such proceedings will never succeed, nonetheless encourage clients to file the same, merely to enhance their own pockets. 'Meter is ticking', so to speak.


In the case of your lawyer suggesting 'anticipatory bail' application, be very wary. If you are innocent, offer to give your statement on oath before the magistrate. Your lawyer will advise against this, but then he is looking after his 'meter'. If you do file ABA make sure your lawyer cites relevant case law for "bail not jail" for undertrials. Remember that your lawyer stands to gain the most if AB is denied, then he can file another Bail application. If you are not innocent, then this post is not for you.


There are many more tricks perpetrated by unscrupulous elements in both these 'noble' professions, but these are the first to look out for.


Always demand an Invoice from your doctor and lawyer prior to making payment, and always pay by cheque and insist on a receipt.


Remember at the end of the day, you are a consumer who is paying for a service from doctor / lawyer. If you keep your documentation in order, you can, if the need arises, file a complaint under the Consumer Protection Act in case you feel you have been shortchanged or cheated, or in any way given deficient service.


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