Law of Limitation for complaint to Bar council against lawye
Clayton Mendonca
(Querist) 10 March 2010
This query is : Resolved
1) Senior Citizen hired a young lawyer for fighting case in Mangalore District Court. This case was for disputing a probate of his fathers Will.
2) The case was judged and decreed after one year in October 2008. The lawyer did not attend the Court for fighting the case even once over a period of one year and the judgement went against the old man.
3) Old man wants to file a complaint in Karnataka Bar Council against this corrupt lawyer.
What is the Law of Limitation for filing a complaint in Bar Council in Bangalore against this lawyer for professional misconduct? Is it two years? And, does the counting start from the date of the judgement and decree?
Raj Kumar Makkad
(Expert) 10 March 2010
As and when such professional misconduct is brought to the knowledge of such litigant, he should make complaint as suggested and limitation is 2 years from the date of knowledge and not from the date of decision.
Guest
(Expert) 10 March 2010
Mr Makkad is right. I do agree with him.
Parveen Kr. Aggarwal
(Expert) 10 March 2010
No limitation period is prescribed for filing a complaint before the Bar Council pertaining to professional misconduct of an advocate. However, in your case it seems that the litigant has come to know about the professional misconduct of his advocate recently. So, the complaint is maintainable.
G. ARAVINTHAN
(Expert) 11 March 2010
He can file complaint and it is well within time as Mr.Makkad said
Kumar Thadhani
(Expert) 11 March 2010
Yes you can always any time file against your lawyer for professional misconduct with the Bar Council of that state.
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