Lawyer: professional ethics : conflict of interest:
Anurag Mittal
(Querist) 16 January 2014
This query is : Resolved
Can a Same Lawyer be there for the Accused as well as for a Witness that is summoned by the Complainant in a Criminal Complaint Case, Will it not result in Conflict of Interest?
Dr J C Vashista
(Expert) 17 January 2014
Incomplete information and vague query
Raj Kumar Makkad
(Expert) 17 January 2014
Such lawyer shall have to leave that case after his summoning.
R.K Nanda
(Expert) 17 January 2014
NOTHING MORE TO ADD.
ajay sethi
(Expert) 17 January 2014
academic query
P. Venu
(Expert) 17 January 2014
Why the witness require a lawyer?
Anurag Mittal
(Querist) 17 January 2014
Thanks Shri P.Venu...You have mentioned the correct logical reply.....In this case the witness has played a mischief...yu are correct I have summoned only the witness but what the witness has done is instead of coming himself with documents summoned, he has sent his Lawyer and the Lawyer is saying this this witness cannot be summoned, I have objected to this mischief as the witness wants to avoid deliberately his appearance in court. More disturbing is that the Lawyer appointed by the witness has already done file inspection on behalf of accused when the matter is still at Pre Summoning Stage only and as such per procedure this Lawyer cannot intervene , put in his appearance or do File Inspection at Pre Summoning Stage. Not only this but against professional ethics the very same lawyer has also now appeared for the witness as his lawyer as well against Conflicts of Interest....Can you give your Opinion Inputs in view of the above facts stated now ....Rgds...
Devajyoti Barman
(Expert) 17 January 2014
What prompted you not to divulge such details at the very outset when you could have got more proper replies?
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
A lawyer appearing for an accused should not appear for the prosecution witness too, that is proper ethics. However, the lawyer is raising objection to this witness appearance here may be with the reason that the prosecution is trying o fill up the lacuna. If you feel that this action of advocate is unnecessary, you may object to his vakalat for witness.
