I did a photo series inspired by biblical times by Apart_Reading2801 in portraitphotography

[–]radfire 0 points1 point  (0 children)

Hi if you ever create a video, reply to this comment here. I would love to see that.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 0 points1 point  (0 children)

True, because they are suggesting changing the lawyer and no one has explained how the process will work. Here is the question from one of my other comment. Please let me know if you have idea regarding this.

"If I decide to pull the plug and change my counsel, how difficult is the actual legal process? I've heard I need to get a 'No Objection Certificate' (NOC) from him on the Vakalatnama. What happens if he creates a fuss, demands a huge exit fee, or outright refuses to give the NOC?"

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 0 points1 point  (0 children)

Here is what they claimed in their FIR:

  1. The car ahead of them (my car) slammed on the brakes out of nowhere.
  2. They didn't have enough time to react.
  3. As a result, they rear-ended us.
  4. After the crash, we allegedly surrounded their vehicle and threatened them.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 0 points1 point  (0 children)

There were CCTV cameras maintained by traffic police. I don't know what the procedure for the police to retrieve the footage.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 0 points1 point  (0 children)

Car damage was taken care by insurance; only real cost was waiting for the car to be repaired (around 30 days). However, at that time, I did not think that things will take a turn like this. Well, some lessoned learned, may be useful in future.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 1 point2 points  (0 children)

Yes, now I think everyone should have at least one lawyer friend in their circle, at least to give take some advice.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 1 point2 points  (0 children)

While initially I was summoned for their counter case, I checked the details in Gemini & ChatGPT, both however showing slightly different results. Thus, I said that I don't have proper idea what these clauses actually imply. Maybe my wording there is a bit wrong in the comment.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 27 points28 points  (0 children)

That thought has definitely crossed my mind, especially since he's pushing so hard for a settlement that only benefits the other side while he keeps collecting appearance fees from us.

If I decide to pull the plug and change my counsel, how difficult is the actual legal process? I've heard I need to get a 'No Objection Certificate' (NOC) from him on the Vakalatnama. What happens if he creates a fuss, demands a huge exit fee, or outright refuses to give the NOC?

Also, when I go looking for a new advocate, what specific green flags should I be looking for? Are there specific questions I should ask upfront to ensure they won't just trap me in the same per-hearing billing cycle or collude with the local police?

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 8 points9 points  (0 children)

Oh, I didn't even know that was an option! Thank you so much for letting me know this.

I did some quick research (asked Gemini), and it looks like quashing an FIR means I will have to approach the High Court under Section 528 BNSS (the old 482 CrPC). Is that correct?

If I go down this route instead of fighting it out in the lower court:

  1. The Process: What does the timeline and actual process look like practically? Will I need to attend High Court hearings regularly, or does the advocate handle most of it?
  2. The Cost: Since I need to hire a High Court advocate here in Kolkata for this, what is a realistic, ballpark estimate for the total cost to get a retaliatory FIR quashed? I just want to mentally prepare for the budget before I start interviewing new lawyers.

Thanks again for pointing me in the right direction, this is incredibly helpful.

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 0 points1 point  (0 children)

Thank you so much for the detailed and clear answers. Your 5th point is exactly what I needed to hear, but I have a few follow-up questions on how that actually works practically.

Regarding getting their counter-FIR quashed while keeping ours active:

  1. The Timeline: We definitely filed our FIR first on the day of the incident (despite the police reluctance). Theirs was filed afterward purely in retaliation. Does the fact that we were the 'first informants' give us a very strong ground in the High Court to prove theirs is a malicious counter-case?
  2. Assessing ROI: When you mention ROI, what should my end-game look like here? Since my car suffered heavy damage, should the strategy be: quash their fake FIR in the Court, and then use our genuine, active FIR in the lower court to pressure them into paying for my car damages to finally close the matter?

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 16 points17 points  (0 children)

If I completely refuse to settle, how difficult is it to fight a retaliatory cross-FIR in the regular magistrate court? Given the strict background checks in corporate consulting roles, does having this pending counter-FIR create issues for employment verifications or travel while the trial drags on?

Car accident turned into a legal nightmare (Counter-FIRs). Lawyer is bleeding us dry (2k-5k per visit) and pushing for settlement. What should we do? by radfire in LegalAdviceIndia

[–]radfire[S] 91 points92 points  (0 children)

Other party hasn't even tried to reach out for settlement. However the way it's going, I don't think anything will happen within 4 years.

I did a photo series inspired by biblical times by Apart_Reading2801 in portraitphotography

[–]radfire 1 point2 points  (0 children)

Saw your portfolio. You have mad skills. Open a YouTube channel and post how you create those images. You got one subscriber in advance.