Unethical Practice of Law
Balaji Bakthavathsal
(Querist) 05 January 2011
This query is : Resolved
A lawyer represented his clients in a partition suit and the suit is pending in the district court for more than three years.
After around three years, the same lawyer represents another fraudulent lady who is no way connected to the family on the very same property. The genealogy given in these two cases by the same lawyer differs.
After a year, again the very same lawyer represents a land grabbing mafia on the very same property.
In the above three suits, I am not at all a client to the said lawyer in any of the suit. However, I am one of the genuine legal heir to the property, and I seriously affected by the above three suits. When a fraudulent lady attempted to grab my property, I filed a police complaint and the lawyer threatened the police saying that the matter is pending in the civil court, if any action on his client by the police would be reported to Human Rights, very coolly forgetting his first case over the same property.
Agitated by the unethical behavior of the lawyer, I made a complaint in the Bar Council stating the facts and requested the Bar Council to take appropriate action. The “wonderful” lawyer replied back saying that he had more than 28 years of practicing as a lawyer, for three generations with experience in handling cases at High Court put forth his arguments:
1) What locus standii has the complainant has got when he is not a client to me ?
Though I am not a client, I am affected as one of the legal heir to the property on which the lawyer represents three different property.
2) Between the first case and the second case, there is a gap of three years
(Remember, the case is still active and he is representing his first clients who are plaintiffs)
3) He is not aware that the property is one and the same. He has simply taken his clients words and filed the suit.
My question is how can the lawyer act upon client’s version as against the Rule 5 of the Bar council of India and how can he submit two different genealogy without going through the original records ?
Now I leave it to learned experts to comment the action of the lawyer and advice me.
R.Ramachandran
(Expert) 05 January 2011
Dear Mr. Balaji,
A lawyer will act according to the instructions of his client. If the client had given some particulars and accordingly if the Advocate represents or presents or files a case before the Court he cannot be found fault with. If at all for the same property he is showing different genology and he is representing three different clients, it is for his clients to object to his act and not for others - and Certainly not for you. Rule 4 (I think you have wrongly mentioned as 5) of the Bar Council Rules has no application to the facts revealed by you.
If at all, you can bring to the notice of the Court all the three petitions filed by the Advocate for the same property and claimed by three different parties to bring home the point of fraud being played.
Are you fighting the case yourself or through a lawyer?
Balaji Bakthavathsal
(Querist) 05 January 2011
Dear Mr. Ramachandran,
Though I am not a client of the lawyer, I am affected by the unethical practice of the lawyer. He is representing three different parties on and one and the same propery. Out of the three, only one can be genuine. Suppose, by chance, if in the other two false cases, if any order is given, won't I be affected severly ? Who is responsible for it ? And in each case, the suit will be dragging for decades. Also, the Rule 5 of the Bar Council of India AN ADVOCATE’S DUTY TOWARDS THE COURT which states that :5. Refuse to represent clients who insist on unfair means -
An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in use of his language in correspondence and during arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use unparliamentary language during arguments in the court.
If the lawyer is a honest person, he would have returned back the false cases, the moment he came to know about it. He did not do so. Finally when I challenged him, he returned back all the three cases. Is it a fair practice ? Will a lawyer who has got nearly three decades of experience and who claims of practicing for three generations will do such dirty job ?
H.M.Patnaik
(Expert) 06 January 2011
Sir ,Pl. bring the matter to the notice of of the State Bar Council for proper redressal of your grievances.
Vinod Singh Tomar
(Expert) 06 January 2011
Dear Balaji,
case/s is/are false are true is /are to be decided by court. Each party is granted sufficient time to produce and lead evidence in the matters depending on the pleadings. For example,you are true, you prove it before the court by leading evidence. case will be yours. Every advocate acts on behalf of client by considering the entire case supported with evidence.Please bear it in the mind that this is a forum and not the court to decide the matter single handedly
Balaji Bakthavathsal
(Querist) 06 January 2011
Dear Mr. Vinod Singh Tomar, I fully agree that Court is the ultimate to decide about a case. I respect, honour and abide and there is no second opinion. Also, I fully understand the functionality of the forum and I am not a stupid to expect the LCI to decide or resolve my problem. I just expressed my concern over the unethical practices followed by the lawyer to make aware other lawyers who are genuine and honest in their profession but unaware of such greedy and dishonest lawyers. A true lawyer will take up the case in which he is sure to win and a greedy lawyer who is greed for money will take up any case without bothering to see the evidances in support of the case.
