Advocates Immune From Consumer Complaints: AP High Court

Advocates Immune From Consumer Complaints: AP High Court

A client's "deficiency in service" complaint against his lawyer was dismissed successively by the District Forum, State Commission and NCDRC; he then petitioned the Andhra Pradesh High Court. Relying on the Supreme Court's ruling in Bar of Indian Lawyers v. D.K. Gandhi (2024), the High Court (Justices Tilhari and Samanta) held the legal profession is sui generis and a lawyer-client relationship is a "contract of personal service," not a "contract for services," since the client directly controls and instructs the lawyer—placing it outside the Consumer Protection Act's definition of "service." Advocates owe fiduciary, not consumer-law, duties. The petition was dismissed, though lawyers remain accountable to Bar Councils under the Advocates Act for professional misconduct.