Advocate Sadhna Singh Shares Insights on Consumer Law, Client Trust and Practical Legal Practice

Law lets you see a dispute not only from a legal point of view but also from a practical standpoint.

Clients usually consult a lawyer when they are already in trouble. They have received a legal notice. Or they have lost money. Or they have encountered deficiency in service. Or they have been sued by someone else.

To me, advocacy is not about quoting legal provisions in vacuum. First you need to understand what exactly happened. Only then you can say what provisions of law would apply to those facts.

That’s what makes law practice interesting – the law, the documents, and the practical problem-solving involved.

Consumer disputes can arise out of many situations.

I have handled cases related to defective goods, deficiency in services, insurance claims, banking disputes, medical negligence, property disputes, delayed possession complaints, refund issues and various other consumer problems.

Typically a consumer dispute involves a lot of documents. The agreement, invoice, payment evidence, correspondence, notices, service records etc. everything can become important evidence. 

That’s why it’s necessary to understand the transaction, relationship between the parties and documents before taking up the case.

Documents can show what was promised, what was paid, what service was actually provided and where things went wrong.

Say, you have a dispute against a property dealer. In that case, the agreement, payment evidence, possession agreement, and correspondence between the parties will be important.

If the dispute is regarding insurance or banking, the policy document or account passbook, correspondences and notices will help us understand facts.

Rather than listening to the client’s story in isolation, a lawyer should ask for the related documents which can prove that story.

First and foremost, clients should preserve all the documents related to the dispute.

Keep the agreement, receipts/invoices, notices, emails/messages exchanged, bank statements or payment records. Don’t throw away any documents you received during the transaction.

Make a simple timeline of important events. When did you agree to purchase the product? When did you pay? When did the problem arise? etc. 

This helps the lawyer understand when things happened and what documents you have to prove those facts.

Most importantly, clients should be open about the facts. If something went wrong on your end as well, tell the lawyer. Hiding facts from the lawyer will not help you in the long run.

Only when the lawyer knows the truth can they advise you on the legal options.

I first listen to the client to understand their problem. Then I go through the relevant documents. After that I try to understand the real legal issue involved, the law applicable to those facts and what stage the matter is currently at.

Once I have a clear understanding of these aspects, I can discuss the legal options with my client.

Law advice should be realistic. The client should know how the law applies to the facts of their case. And the documents will also play an important role in deciding the outcome.

Extremely important. 

Lawyers use legal terms and clients are not necessarily well-versed with the law. If I start explaining the legal position to the client using big legal words, they won’t understand their own case!

The lawyer should clearly explain the issues to their clients in simple language.

On the flip side, communication shouldn’t create false hopes either. Advise clients realistically. Yes, your lawyer should highlight the strengths of your case. But they should also be truthful about the difficulties involved.

Lawyers earn their client’s trust by being honest.

Sometimes consumers come to us without preserving the original documents. By the time they ask for legal advice, the documents necessary to prove their claims are missing.

Some clients only approach us after a long time. If a consumer dispute arises, it’s better to take legal advice sooner than later. Waiting too long can adversely affect the legal options available.

Some clients want to fight a dispute because they feel emotionally cheated. But they fail to notice the actual terms of contract or promises made to them. They try to argue on feelings rather than facts.

In law, disputes can only be settled by upholding the truth with evidence, documents and relevant laws.

That’s why it is very important for consumers to understand the real issue at an early stage. It will help them decide what legal step to take next.

Definitely. 

Whether a legal notice, complaint, written reply, application or any other pleading, good drafting should tell your story. The reader should be able to understand: 

• What happened? 
• What is the legal controversy?
• What documents prove the material facts?
• What legal grounds are you relying upon?
• What are you asking the Court to do?

Lengthy, convoluted sentences do not make a pleading any better.

Drafting should be clear, accurate and consistent. 

Banking and recovery issues involve reviewing loan documents, account history, notices, security etc. along with the facts. 

Timing of the matter is also crucial. 

Whether it's a borrower, guarantor or any other party affected by the action, they should know precisely what notice/proceeding has been initiated and what evidences the bank has to carry through with their claims.

Once we know the facts, documents, nature of the facility and timing, we can determine the appropriate legal response.

For these reasons, I feel these types of matters should be evaluated once we have reviewed all of the record, not just an oral recitation.

Loan settlement &OTS matters also involve reviewing your financial/legal stance.

Before agreeing to a settlement make sure the client knows the deal being offered.

The dollar amount offered, terms of payment, penalties for default, paperwork/closing issues etc. may all come into play. 

Treat a settlement like a legal/financial agreement don't just consider the upfront dollar amount.

Every matter is unique so consider the documents before making a decision.