Professional ethics & conflict of interest as applicable to lawyer.

B Guru Murthy (Querist) 30 June 2012 This query is : Resolved
If a lawyer acting for the Petitioner also empanelled as a lawyer on the opposite side for a Co-Respondent which remains ex parte wilfully.

(i) will it come under the conflict of interest for the concerned lawyer
(ii) If yes, how to expose it and bring the said conflict of interest on record
( since Co-Responent remains ex parte)

Add’nal Info:

In the same court in other similar case the very same Co-Respondent had filed a similar case against another Respondent and the very same lawyer is holding brief for the Petitioner (Co-Respondent) in earlier case.

This classification is being sought on prof’nal ethics & conflict of interest as applicable to lawyer.

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Rajeev Kumar (Expert) 01 July 2012
You can bring the matter to light and the power given to him by petitioner and also by opposite party even if he is acting on behalf of both parties is totally against the professional ethics and if you have adeaquate proof then make a prayer in the competant court for the cancelation of his licence

J K Agrawal (Expert) 01 July 2012
If interest of the both parties are not under conflict there is no bar that an advocate can not represent parties arrayed in opposition.

For an example an advocate can represent plaintiff as well as the proforma defendants if the interest of both are same. Like wise an advocate representing plaintiff and defendants are in two sets and the defendants also under conflict to each other. It is not bad that a counsel of plaintiff supports those defendants who are with friendly terms of plaintiff on some issues.

Actually to over come in such a situation there is provision under CPC to refer a specific issue to the Court instead of entire suit.