i140limbo,
Myself and KYCP, both of us are saying the same thing. And I am positive from the experience that there should be no hurdles in Mumbai consulate if the case is straightforward. You don't need to tell the consulate anything about the hardsip issue. Your lawyer can submit the documents to consulate with the covering letter that we are submitting and please accept the case. KYCP has provided some valid reasons that could be utilized, if they ask about it.
They have two choices, either to accept it or to reject it. Both ways you would'nt loose anything. If they reject you would have to wait a little longer for case to go through NVC. If they accept, you are through. And as it stands today the chances are 50% in each case, so why not take a chance.
The only issue I see is convincing the lawyer. And I empathize with you. If lawyer is unwilling, there is hardly anything you can do. Without being negative, you can be firm with the lawyer and tell them that it is at your risk, if it is not accepted, that would make the lawyer feel at a little ease in doing AC140. 90% of them do not do AC140 - CP because they have never done it or in many cases they cannot justify the high fees that could be obtained easily by AOS. Also AOS is proven method and lawyers could utilize their expertise, whereas if the case is stuck at consulate, a lawyer in US has very limited options, so I would also not go an extra mile to do all this if I was a lawyer.
Good luck.
AGW