discuss the term deficiency with the help of decided case laws
Answers
The lawyers render service and charge a fee for it, the basic requirement of service under CPA, 1986. A lawyer may not be responsible for the favourable outcome of a case, but he should be liable if there is a deficiency in rendering the promised services. There is a need to examine the amplitude of the term ‘deficiency in services’ under this Act. The question whether all the acts or omission of the legal practitioners may constitute the deficiency in service as defined under the CPA, 1986, is to be answered
The basic facet of the legal profession is the lack of simplistic definition of negligence. A dictum of a special bench of Madras High Court has clearly held that neglect of duties would not amount to professional misconduct, since the element of moral deficiency is the main ingredient of professional misconduct.