About 5 years back, one advocate represented the society and was paid 15k. This society filed a case against the President thro gen sec according to bye law to sue n be sued by gen sec. Now the very same advocate is representing the President in individual capacity. Can I file for code of misconduct against the advocate or can I raise objection that the advocate knows more about the society bcos of having represented the society and hence cannot reprsent the President?? Needless to say Yahoo Answers service ppl are putting much more sense in us. Pls advice me once again as to under what section can I raise the objection or how strong is it for misconduct by the advocate?
2007-09-05 23:57:15 · 7 answers · asked by TROUBLESHOOTERKILLROY 2 in Politics & Government ➔ Law & Ethics
FOR MR. PRAMOD
Sorry - it is not the same case but all the same society matter and similar instances of presidents misbehavior etc and now the advocate will say she is representing the President but my point is she respresented the secretary of the society last time and hence should not represent the case for the president (The president was the secretary that time). Others reading--only give me laws applicable to India under what section I can object or file for professional misconduct.
2007-09-06 00:19:14 · update #1
Yes. File a complaint with the bar association for professional misconduct. This is a clear case of conflict of interest. The advocate can be reprimanded or suspended or removed from the roll of the bar council if held guilty.
The advocate cant represent the plaintiff and the defendent in the same matter as this amounts to professional misconduct.
2007-09-06 00:11:32 · answer #1 · answered by Pramod R 4 · 0⤊ 0⤋
It is allways true that no fact must be suppressed from the advocate so as to enable him to argue the case correctly.
An advocate is not only a person arguing a case on somebody's behalf, but also a court official in the eyes of law.
In as much as an official can not be a double agent, so an advocate can represent only one side .
2007-09-07 05:45:55 · answer #2 · answered by INDRAN 1 · 0⤊ 0⤋
If it is not the same case, he has every right to represent the opposite party.
2007-09-06 10:03:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes. Too late now.
2007-09-06 07:01:29 · answer #4 · answered by jemhasb 7 · 0⤊ 0⤋
http://www.advocatekhoj.com/
2007-09-10 06:31:29 · answer #5 · answered by Anonymous · 0⤊ 1⤋
no u cant, it is as simple as that.
2007-09-06 07:34:52 · answer #6 · answered by delta 7 · 0⤊ 0⤋
no
2007-09-06 06:59:28 · answer #7 · answered by miss x 1 · 0⤊ 0⤋