advocates immunity
Sunil Kumar Budhraja
(Querist) 13 June 2010
This query is : Resolved
an advocate is provided immunity for trial and can not be normaly sued for malicious designs,etc.But if an advocate is by way of notice informed of the immoral designs of his client and the advocate yet continues to pursue the case and it is later found out that such notice or suit was filed to create pressure and stress only.What legal action can be taken against the said advocate because the immunity clause says that the advocate is supposed to get immunity only if he or she is acting in good faith,Implicit information provided by the defendant should forsee that this clause of immunity is no longer mantainable.Please advice/comment.
Arvind Singh Chauhan
(Expert) 14 June 2010
It is clear in law that communication between advocate and his client can not be challenged. Whatever he does, is done on the behest of his client. It is advocates duty to defend or plead for his client despite being aware that his client is terrorist same as doctor can not deny to treat a notorious terrorist if he found him injured.
But any instigating advice towards and before the commission of offence is unethical, and it is ethical and his duty to help if the offence has been committed already.
