consequence if lawyer stands for & against the same client?
(Querist) 28 June 2008
This query is : Resolved
A lawyer already faought a case for part "A" against Party "B", and after 6-7 years he fought against "A" in the same case for "B", and "A" is having proof that lawyer once stands for him then in such case what is the right with "A" and what is the consequences for "A"
(Expert) 28 June 2008
well a lawyer is a professional who represent for his client and a lawyer never had a personal interest in the given case, his job is to represent his client in a proper manner and try to get justice for his client and i guess there is no wrong on part of any advocate if he is representing his client in a fair manner and maintaining professional ethics. so think positive rather than negative, what matters is a trust between client and a lawyer which is created by performance.
(Expert) 29 June 2008
Hey Lawyers are just weapons in the hands of litigant people. let me tell you some thing if you imagine that lawyers are like cannons then if our client loads gunpowder and other blasting material then we can be lethal and if our client loads water then we will be play things. To be clear if the client gives exact info we can be lethal fighting for him or in case if he give false info then we are the people who become the laughing stock before the bench. So be easy with us. We are fighting for your causes keep that in your mind.
(Expert) 30 June 2008
Take note that if the case is all same where th advocate had represented A, THEN HE CANT take up the same case against A in that case itself. You can lodge a complaint to the respective Bar Council.
But if th case is different from that one, he can take it up against A.
(Expert) 30 June 2008
It depends upon the forum in whiche the same lawyer representaded the case. In the very same forum he cannot plead for the plaintiff as well as for the dependent.
(Expert) 01 July 2008
If an advocate changes his side-tantamount to professional misconduct which is against professional etiquette for an advocate while retained by one party to accept the brief of other.
A lawyer when entrusted with a brief is expected to follow the means of professional ethics and try to protect the interest of his client.
Respective Bar Council may take cognizance if complaint filed.