2007-06-20 22:09:43 · 8 answers · asked by echaris 2 in Politics & Government ➔ Law & Ethics
No.Use of unfair means to defend the case of their clients amounts to professional misconduct & is against the legal ethics ,apart from the penal offence that may have been committed or made to commit by any such act of an Advocate directly or through some one else. All in all these amounts to criminal prosecution of any of these advocates who do so apart from this a formal complaint against them with the Bar council to get their license to practice as Advocates revoked.
2007-06-20 22:22:53 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
As long as they dont get caught, Advocates and others are 'free' to do what they want. It is a matter of reality that a lot of advocates resort to all sorts of underhand tactics. The only solution is that the opponent must be vigilant and take action in every instance such as filing complaints with the concerned Bar Council, bringing the malpractice to the notice of the court etc. Practically speaking, the Bar Council in places like Bombay, take more than 2 years to decide a matter; and the courts are overburdened and may not be too bothered with petty malpractices unless you are fortunate to have a pro-active presiding officer. In criminal proceedings, the hapless Victim is statutorily lumbered with the public prosecutor who certainly couldnt be bothered about these things. Very often, advocates do not take umbrage at 'unfair' means resorted to by the opponents advocate for the simple reason that they all do the same thing. At whose cost? The poor client. Who else?
2007-06-22 05:43:17 · answer #2 · answered by ? 4 · 0⤊ 0⤋
As officers of the court, advocates not only represents their clients but sees to it that justice is done. They are not allowed to use unfair means otherwise, they could be charge with contempt.
2007-06-21 00:50:36 · answer #3 · answered by ritz 2 · 0⤊ 0⤋
Never. They are guided by "Bar" rules, barring them to adopt any unethical and unlawful practise. Observe the developments in BMW case in this regard. However, we must expect that GHOSTS are not there in MUSTARD SEEDS !
2007-06-21 18:45:05 · answer #4 · answered by Gauranga B 2 · 0⤊ 0⤋
They are not supposed to use any unfair means...but... most of them use.... that is the order of the day
2007-06-20 22:13:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it depends on what you mean by unfair..............if it is legal & in the interest of his client thenit is not unfair for his client....BUT YES if you are the opponent then you may feel it is unfair on you............
2007-06-21 02:41:41 · answer #6 · answered by noname273 3 · 0⤊ 0⤋
no they cannot be. its against the code of conduct and ethics. in fact you can raise your voice against those corrupt lawyers
2007-06-23 00:33:29 · answer #7 · answered by shilpa n 2 · 0⤊ 0⤋
no, but this is happening everywhere. this could be solved through media and public
2007-06-20 22:50:58 · answer #8 · answered by yashpal_wonder 1 · 0⤊ 0⤋