Querist :
Anonymous
(Querist) 22 May 2011
This query is : Resolved
sir, suppose mr A is the lawyer of B in case title C VS B u/s 138 n.i.act and mr A also represents C in another case u/s 138 n.i.act in case title C VS D. is there any contravention of any code of conduct by mr A under advocates act?? if yes then what is the procedure of filing complaint against mr A? PLZ GUIDE
M/s. Y-not legal services
(Expert) 22 May 2011
Here A appearing for two cases. i.e b vs c which is against c, and c vs d which is on behalf of c. First tell me which one is filed first?
M/s. Y-not legal services
(Expert) 22 May 2011
Because as per my professional ethics, an advocate not allowed to prosecute a case against his old client.. But no wrong in that appearing on behalf of one who is the opposite party in earlier case. For example, The case b vs c here A appeared on behalf of b. Its mean never A can prosecute any case against b. But in future c approached A and willing to appoint him as his advocate mean surely A can appear on behalf of C. In case if the dispute between c and b mean A can't appear on behalf of C. I hope my level best i cleared you..
Advocate. Arunagiri
(Expert) 22 May 2011
The is no violation of code of conduct in this situation.
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