Ethics of a Lawyer as per Law
Atish
(Querist) 28 February 2011
This query is : Resolved
Hello,
I am going through a divorce case. My lawyer of 5 years and a family friend too has filed the case against me for my wife. He knows all my asset and bank details and has made her leave the house after filing the petition.
Is a lwyer who has been only my lawyer for 5 yaers and then I had discontinued his services for reasons act as my wife's lawyer. We are telling the court to step down as he would be a prime witness too.
Besides that as mentioned he was my lawyer for 5 years.
Can he fight the case against me for the petitioner who is my wife.If not then what is the section no. and and under which law which states that he cannot represent my wife. Also if it is so then where would I be able to find the case laws for it to present to the court.
Regards
Atish
Devajyoti Barman
(Expert) 28 February 2011
No, if he has advised you earlier in the capacity of a lawyer then he would be debarred to represent any one against you . You can lodge complaint in the Bar Council against such unethical practice.
Advocate Bhartesh goyal
(Expert) 28 February 2011
If your lawyer's coduct is unethical, you must make complaint of your lawyer in State Bar Council.
Kirti Kar Tripathi
(Expert) 28 February 2011
I disagree with experts, The lawyer is guilty only in the circumstances, if he was your counsel in the same case, in which he is appearing as counsel of opposite party otherwise, it is not a case of professional misconduct. being your counsel in other cases, you can not stopped him in others case against, which have no relation or connection with earlier cases.
Guest
(Expert) 01 March 2011
Dear Atish,
The issue seems to be contentious till you clarify whether the said advocate is appearing from the opposite side in the same case or in a different case?
If he is appearing in the same case on behalf of the opposite party, it would really be a case of professional misconduct. But, if he is appearing in another case, having no link with the previous case, it cannot be treated as a professional misconduct on ethical grounds.
However, you have the right to object in the court of law and seek the ruling of the honorable court in that case.
Atish
(Querist) 01 March 2011
Dear Mr. Dhingra,
The advocate was my advocate for 5 years and knows all about my assets and bank accounts.
He has in fact coaxed my wife for their own personal relationship and made her leave the house after filing the divorce petition.
if he has represented me for even other matters such as making our entire family will and other matters he has the access to all my personal assets and bank balances.
Which section would apply for this issue.
Regards
Atish
jitendra narain sinha
(Expert) 02 March 2011
kindly go through section 126 of the Evidence Act and thereafter move before concerned bar council
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 February 2011
