Whether advocate's misconduct or not??
Querist :
Anonymous
(Querist) 31 January 2012
This query is : Resolved
Sir,
In 1983 a partner of a firm came to boss (senior advocate) of my companion advocate here i refer him Mr. 'X' advocate, telling that his firm is a tenant of a premises and the landlord had refused to receive the rent. Then his boss asked 'X' to deposit the rent as per rent control law. As his directions 'X' placed an application along with his vakalatnama before the court. And deposited the rent in the court under his own signature.
In 1986 both the parties came to a settlement and raising the rent they agreed a new tenancy started in the same name of tenant firm.
Now in 2006 the landlord came to mr. 'X' advocate to file a civil suit for eviction against that tenant firm. Due to passing a long time, He had forgotten that he ever deposited the rent in the court on behalf of the tenant. So he filed a civil suit of eviction on behalf of landlord against the said tenant firm.
Now the case is on stage of plaintiff's evidence.
Meanwhile! In 2012 the tenant has filed a complaint in Bar showing that Mr. 'X' the advocate has committed a serious professional misconduct.
I have suggested mr X to withdraw his Vakalatnama at-once from the court without referring any reason.
Now I want to know here--
1-Whether this situation comes in the ambit of Professional misconduct??
2-Depositing rent is a miscellaneous proceeding, can it be conceded as Mr. X advocate has briefed on behalf of an party previously and now subsequently he could not brief against that tenant?
3-Is passing a long time could be a defense?
4-Withdrawal of Vakalatnama could favor him?
5-Could the situation in which both the parties came to an compromise and since they recommenced the new tenancy in 1986, be the defense?
Any other advice..
Plz If anyone have any Judgment??
Devajyoti Barman
(Expert) 31 January 2012
It s surely a professional misconduct . Even one day advice would bar the advocate to deal with opposite party's case.
Do not try to stick to that case anymore.
It will bring disrepute than anything else.
V R SHROFF
(Expert) 31 January 2012
I agree with views of Shri D Barman
I add that in case a Disciplinary action is initiated by Bar Council, on this Basis, Advocate can defend on the grd that it was old matter, and that he did not reveal any fact of case to opp party, and is a Bonafide mistake,sleep of memory, not intentional.
Raj Kumar Makkad
(Expert) 31 January 2012
1. Yes.
2. As the both are part of profession of an advocate so the seriousness cannot be minimized because rent tendering was a short matter.
3. Yes.
4. Definitely.
5. No.
ajay sethi
(Expert) 31 January 2012
if 20 years before i had advised a party how is it possible for an advocate to remember it ?
the advocate does not does it intentionally .
when said fact is brought to his notice advocate should immediatedly withdraw his appearance and on failure to do so would amount to misconduct
Shonee Kapoor
(Expert) 31 January 2012
Agreed with opinion provided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
